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A man has been found guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period increased to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, human rights are also women’s rights – that permission is individual, not given by another,” said the victim's lawyer, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was originally handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the footage 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 never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that lady.”

Victim's Response

The victim, who was supported upon departing the trial each day by crowds gathered to support her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he sought commercial sex on his birthday. His lawyers stated to the court he had arthritis caused by the pressure of the first trial.