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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his prison sentence 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 panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Case History

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to challenge his verdict. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his actions had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unaware woman. When did I ever give you consent? At no time.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, maybe driven by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he looked for transactional encounters on his special day. His lawyers told the court he had arthritis triggered by the stress of the first trial.