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An individual has been found guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and received his incarceration period extended to ten years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent 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 the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a comatose state.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his then wife and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The jury in the higher court was displayed video evidence of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a duration of what investigators stated was several hours. The court official said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is perhaps in the course of that, perhaps motivated by the societal understanding brought by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent 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.”

Sie told the defendant: “While you deny it, it’s not just a woman, it’s an entire unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The court heard that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his father evicted him of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for commercial sex on his birthday. His attorneys informed the court he had joint inflammation caused by the anxiety of the original case.