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A man was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period extended to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to nine years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the hearing, told the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, 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

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps propelled by the collective awareness brought by the publication of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie said to Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his father was violent and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a court psychologist that annually he engaged in transactional encounters on his birthday. His legal representatives informed the court he had a medical condition caused by the stress of the initial proceedings.