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An individual was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her spouse – and has had his incarceration period raised to ten years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not through someone else from a spouse.”

Context

The husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to appeal against his verdict. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds present to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

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

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was apprehended by police for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for drug dealing 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 son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that annually he sought commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the anxiety of the initial proceedings.