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An individual was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this country, human rights are also women’s rights – that agreement is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is secured directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the court heard.

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

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers present to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the collective awareness spurred by the publication of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. 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 person, it’s an entire sordid social system that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was stopped by police for dealing drugs and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the pressure of the initial proceedings.