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A defendant has been found guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her then-husband – and received his jail term extended to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a married father, connected with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is received directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was several hours. The court official said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by onlookers assembled to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the midst of that, perhaps driven by the public consciousness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “While you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father evicted him of home. He spent time in prison for drug dealing 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 son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that each year he looked for paid sex on his special day. His attorneys stated to the court he had joint inflammation triggered by the stress of the first trial.