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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence increased to a decade.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a deep sleep.

We trust the panel will affirm that in this nation, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband 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 isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The judge 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 given permission.

Defendant's Statements

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly driven by the societal understanding brought by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began using drugs aged 10. When he was 17 he was caught by police for selling narcotics and his father kicked him out the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys told the court he had a medical condition triggered by the stress of the original case.