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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, the husband, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a deep sleep.

We trust the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to contest his conviction. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

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

Pelicot's Words

The victim, who was applauded upon departing the trial each day by supporters assembled to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an incapacitated woman. How could I have give you consent? 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: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly driven by the collective awareness brought by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole unpleasant social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 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 using drugs aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had told a evaluator that each year he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.