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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was originally sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the higher court was shown video evidence of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

The survivor, who was cheered upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you consent? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When he was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that each year he sought transactional encounters on his special day. His lawyers informed the court he had joint inflammation triggered by the anxiety of the first trial.