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An individual has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his prison sentence increased to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this society, human rights are also rights of women – that consent is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially handed a term to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan committed rape repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of death by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters assembled to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps propelled by the societal understanding brought by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by police for selling narcotics 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 laborer but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that annually he engaged in commercial sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the stress of the initial proceedings.