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

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, connected with the victim's husband at the time, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was originally sentenced to nine years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to stand with her, told Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to privacy 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 unwillingness to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, possibly driven by the collective awareness resulting from the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him of home. He served time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that once a year he looked for paid sex on his special day. His legal representatives told the court he had arthritis triggered by the anxiety of the first trial.