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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period increased to ten years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this society, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, told the court that the accused had known his wife had been “drugged” 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 courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator committed rape multiple times over a duration of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by supporters gathered to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is maybe in the process of that, maybe driven by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was 17 he was caught by police for selling narcotics and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had informed a evaluator that annually he looked for paid sex on his special day. His attorneys told the court he had arthritis triggered by the anxiety of the initial proceedings.