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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period raised to a decade.

Retrial Proceedings

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

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

The court heard that the accused, a family man, made contact with the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, informed the court that Dogan had understood his wife had been “sedated” 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 central issue for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to back her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Never.”

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

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the course of that, perhaps propelled by the societal understanding resulting from the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative 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 woman, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that each year he engaged in transactional encounters on his birthday. His lawyers told the court he had arthritis triggered by the stress of the first trial.