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A man was declared guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

We trust the panel will affirm that in this nation, human rights are also rights of women – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to challenge his sentence. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’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 continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps driven by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt 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.”

Sie told Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father evicted him of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he sought commercial sex on his special day. His attorneys told the court he had joint inflammation triggered by the pressure of the initial proceedings.