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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and was given his incarceration period extended to a decade.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had sedated her into a comatose state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span 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 contest his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was innocent 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 presented with video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a duration of what investigators stated was 3.5 hours. The judge said she had been at peril of death by suffocation. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers assembled to stand with her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an unconscious woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly motivated by the collective awareness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his father was violent and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father 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 undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he sought paid sex on his special day. His attorneys informed the court he had arthritis resulting from the stress of the initial proceedings.