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A man was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her husband – and received his incarceration period raised to 10 years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a deep sleep.

We expect the court will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not given by another,” said the victim's attorney, her legal representative. “Permission is obtained personally and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by supporters assembled to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is possibly in the process of that, perhaps motivated by the public consciousness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in paid sex on his birthday. His attorneys told the court he had joint inflammation caused by the stress of the first trial.