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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

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

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will affirm that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” said the victim's attorney, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds gathered 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 rape an unconscious woman. When did I ever give you agreement? At no time.”

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

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps motivated by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began smoking cannabis aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that each year he sought paid sex on his birthday. His legal representatives told the court he had joint inflammation caused by the stress of the first trial.