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

Appeal Trial

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

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” said the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape multiple times over a timeframe of what police said was three and a half hours. The judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you consent? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly propelled by the societal understanding resulting from the publication of your case.”

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

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his father evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that each year he sought commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the first trial.