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A defendant was convicted on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence increased to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the panel will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, her legal representative. “Consent is obtained directly and not through someone else from a spouse.”

Context

The husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that once a year he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.