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A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence raised to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was seeking men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the court will affirm that in this society, human rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his verdict. 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 “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters assembled to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, possibly propelled by the collective awareness brought by the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his birthday. His lawyers stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.