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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term increased to ten years.

Higher Court Case

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” said the victim's attorney, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was initially handed a term to nine years in prison, a penalty increased on Thursday to a decade.

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

Evidence Presented

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

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

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

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the course of that, maybe driven by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was caught by police for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that annually he sought paid sex on his birthday. His attorneys told the court he had joint inflammation caused by the pressure of the original case.