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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to a decade.

Appeal Trial

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a husband.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

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

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters assembled to support her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, possibly motivated by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by police for dealing drugs and his father evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he engaged in commercial sex on his special day. His attorneys informed the court he had joint inflammation triggered by the pressure of the first trial.