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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term extended to a decade.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We trust the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a spouse.”

Background

The husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding 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 given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe propelled by the collective awareness resulting from the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis resulting from the pressure of the initial proceedings.