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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his jail term extended to a decade.

Higher Court Case

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

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had sedated her into a unconscious state.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he reassured me.”

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

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe driven by the societal understanding brought by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by authorities for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His attorneys told the court he had a medical condition triggered by the stress of the initial proceedings.