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A man was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her spouse – and received his prison sentence increased to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after notifying 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 “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and denied it was assault. 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 house, and therefore it was permissible. He said he was manipulated by the husband. “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, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an incapacitated woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps propelled by the societal understanding resulting from the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was stopped by police for selling narcotics and his father evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had told a mental health expert that once a year he looked for commercial sex on his birthday. His attorneys stated to the court he had arthritis resulting from the anxiety of the first trial.