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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had sedated her into a unconscious state.

We expect the jury will affirm that in this society, human rights are also women’s rights – that permission is personal, not transferred,” said the victim's attorney, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

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

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what police said was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Defendant's Background

The accused 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 testimony revealed that his parent was violent and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he engaged in paid sex on his special day. His legal representatives told the court he had arthritis caused by the stress of the first trial.