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A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his jail term extended to a decade.

Retrial Proceedings

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a unconscious state.

We trust the panel will affirm that in this country, human rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers present to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, possibly driven by the public consciousness spurred by the revelation of your situation.”

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

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had told a court psychologist that each year he sought paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the initial proceedings.