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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek 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 rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The public is maybe in the midst of that, maybe motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was caught by police for drug trafficking and his parent evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he looked for commercial sex on his birthday. His attorneys informed the court he had arthritis caused by the stress of the original case.