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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his prison sentence increased to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's husband at the time, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

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

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers present to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. When did I ever give you agreement? Not once.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt 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 culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by authorities for selling narcotics and his parent forced him to leave of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that each year he looked for transactional encounters on his birthday. His legal representatives told the court he had arthritis caused by the stress of the first trial.