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An individual was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her husband – and was given his incarceration period increased to a decade.

Appeal Trial

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, human rights are also rights of women – that permission is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is obtained personally and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you consent? Not once.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps driven by the societal understanding resulting from the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was seventeen he was stopped by police for drug trafficking and his parent evicted him of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he sought commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the stress of the first trial.