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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and has had his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had sedated her into a deep sleep.

We expect the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a span of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was first sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant told the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds present to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. The public is maybe in the course of that, maybe propelled by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture 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.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian 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 union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a evaluator that each year he sought transactional encounters on his special day. His legal representatives informed the court he had arthritis caused by the anxiety of the first trial.