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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to a decade.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum named “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to contest his sentence. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The panel in the higher court was presented with video evidence of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what investigators stated was several hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. At what point did I give you permission? At no time.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, perhaps driven by the collective awareness brought by the revelation of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that once a year he looked for paid sex on his birthday. His attorneys stated to the court he had a medical condition triggered by the anxiety of the original case.