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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his prison sentence increased 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 new trial this week at the appeals court in Nîmes.

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

The testimony revealed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had drugged her into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was first sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The jury in the higher court was presented with video evidence 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 timeframe of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by onlookers assembled to back her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an unaware woman. When did I ever give you consent? Never.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps driven by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he looked for commercial sex on his special day. His attorneys stated to the court he had arthritis resulting from the stress of the initial proceedings.