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A defendant has been found guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her spouse – and received his prison sentence extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters present to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, possibly driven by the collective awareness brought by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his parent evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that once a year he looked for transactional encounters on his special day. His attorneys stated to the court he had a medical condition triggered by the pressure of the initial proceedings.