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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period increased to 10 years.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the panel will declare that in this society, human rights are also rights of women – that consent is personal, not transferred,” stated the victim's attorney, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

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

The panel in the higher court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape repeatedly over a period of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps motivated by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie told the defendant: “As long as you reject it, it’s not just a person, it’s an entire sordid social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that once a year he sought commercial sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.