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A defendant was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period extended to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this nation, human rights are also women’s rights – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town 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 the appellant was the only man to appeal against his conviction. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by onlookers present to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Not once.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly propelled by the public consciousness resulting from the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

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 evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that each year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition resulting from the anxiety of the original case.