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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to come to his home to rape his wife after he had sedated her into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Background

The husband, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the course of that, maybe driven by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced 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 school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a court psychologist that each year he engaged in paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the pressure of the first trial.