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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period extended to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he said 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 central issue for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a comatose state, while a grinning the perpetrator performed assault multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unconscious woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe motivated by the public consciousness spurred by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told the defendant: “For as much as you reject it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his special day. His legal representatives informed the court he had arthritis caused by the anxiety of the initial proceedings.