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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a comatose state.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

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 caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis caused by the pressure of the initial proceedings.