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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his jail term increased to ten years.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this country, human rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, her legal representative. “Agreement is secured directly and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to ten years.

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

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, 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 unbeknownst to her.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Never.”

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.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is maybe in the course of that, perhaps propelled by the public consciousness spurred by the publication of your ordeal.”

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

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of 5 came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged ten. When he was 17 he was caught by police for dealing drugs and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in paid sex on his special day. His lawyers told the court he had arthritis caused by the anxiety of the original case.