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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period increased to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

We trust the court will declare that in this society, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is perhaps in the process of that, possibly propelled by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was stopped by police for selling narcotics and his father forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that each year he looked for transactional encounters on his special day. His lawyers stated to the court he had joint inflammation caused by the pressure of the initial proceedings.