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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and received his jail term increased to 10 years.

Retrial Proceedings

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's then husband, the husband, in an internet forum titled “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this country, human rights are also women’s rights – that permission is individual, not given by another,” said the victim's lawyer, her legal representative. “Permission is obtained personally and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was originally handed a term to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” 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 proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, perhaps motivated by the public consciousness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was caught by police for drug trafficking and his parent evicted him of home. He was incarcerated in prison for trafficking 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 son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that once a year he sought paid sex on his birthday. His attorneys told the court he had joint inflammation triggered by the anxiety of the initial proceedings.