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A defendant was convicted on retrial of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his prison sentence raised to ten years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will declare that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his verdict. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. 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 OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an unaware woman. How could I have give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, perhaps propelled by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that each year he sought paid sex on his birthday. His lawyers informed the court he had arthritis caused by the anxiety of the original case.