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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 raised to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the jury will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their marriage.

Numerous other individuals 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 nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a timeframe of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

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

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is maybe in the midst of that, maybe propelled by the collective awareness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in commercial sex on his special day. His lawyers told the court he had arthritis resulting from the anxiety of the initial proceedings.