🔗 Share this article

A defendant was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and was given his jail term extended to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

We expect the jury will affirm that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a husband.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his spouse and soliciting 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.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was going out, the testimony revealed.

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

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what authorities reported was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” 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 stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, possibly propelled by the collective awareness resulting from the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was caught by police for dealing drugs and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a court psychologist that annually he engaged in transactional encounters on his birthday. His legal representatives informed the court he had arthritis caused by the anxiety of the initial proceedings.