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A man has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

We trust the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. When did I ever give you consent? 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: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, possibly driven by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a mental health expert that annually he looked for paid sex on his special day. His legal representatives told the court he had a medical condition triggered by the anxiety of the original case.