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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the court will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

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

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps motivated by the public consciousness spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a mental health expert that annually he engaged in paid sex on his special day. His legal representatives told the court he had a medical condition triggered by the pressure of the original case.