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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period extended to a decade.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, human rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps motivated by the societal understanding spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer 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 wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that annually he looked for transactional encounters on his special day. His attorneys informed the court he had arthritis triggered by the stress of the first trial.