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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had drugged her into a comatose state.

We expect the panel will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the public consciousness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant social system that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by police for drug trafficking and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that annually he sought commercial sex on his special day. His attorneys told the court he had arthritis caused by the anxiety of the original case.