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An individual has been found guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and received his prison sentence extended to 10 years.

Appeal Trial

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Context

The husband, a notorious sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

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 segregation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate 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 welcomed him into the room, his actions had been permissible.

The panel in the higher court was shown video evidence of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers assembled to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, maybe propelled by the societal understanding spurred by the exposure of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that each year he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.