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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period increased to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We expect the jury will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of the victim's limp body, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. When did I ever give you permission? At no time.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is possibly in the process of that, maybe propelled by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “While you deny it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had told a court psychologist that each year he looked for commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the anxiety of the original case.