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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and was given his jail term raised to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is obtained directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers assembled to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly driven by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” 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 person, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was caught by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in commercial sex on his birthday. His attorneys stated to the court he had arthritis caused by the anxiety of the initial proceedings.