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A defendant has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term extended to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with the victim's spouse, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's lawyer, her legal representative. “Permission is received directly and not by proxy from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was originally handed a term to nine years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a duration of what police said was three and a half hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters present to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? At no time.”

The victim, 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.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the process of that, perhaps motivated by the public consciousness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his father was abusive and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his special day. His lawyers told the court he had joint inflammation triggered by the pressure of the initial proceedings.