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An individual has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period extended to a decade.

Appeal Trial

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

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

The evidence showed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? At no time.”

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 Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, perhaps propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by police for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a court psychologist that each year he engaged in transactional encounters on his special day. His attorneys told the court he had joint inflammation resulting from the anxiety of the first trial.