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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her spouse – and was given his jail term extended to ten years.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, found Dogan guilty 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, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is received personally and not via a representative from a husband.”

Context

The husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to nine years in prison, a sentence 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 responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his actions had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters present to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the course of that, perhaps driven by the public consciousness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that each year he looked for commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.