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A man has been found guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her husband – and received his prison sentence increased to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not through someone else from a husband.”

Context

The husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

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

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. When did I ever give you permission? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is maybe in the midst of that, perhaps motivated by the societal understanding brought by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent kicked him out of home. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married 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 repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that once a year he looked for commercial sex on his special day. His attorneys stated to the court he had arthritis triggered by the stress of the initial proceedings.