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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence extended to a decade.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with the victim's husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will declare that in this nation, human rights are also rights of women – that permission is personal, not delegated,” stated the victim's lawyer, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan committed rape multiple times over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. When did I ever give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe driven by the public consciousness brought by the publication of your case.”

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

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by police for dealing drugs and his father evicted him the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child 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 repeated intimate relations outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that each year he engaged in paid sex on his birthday. His legal representatives informed the court he had a medical condition caused by the anxiety of the initial proceedings.