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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and was given his jail term increased to 10 years.

Appeal Trial

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this country, human rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a timeframe of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” 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 wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by crowds assembled to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you agreement? At no time.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps propelled by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that annually he sought commercial sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the anxiety of the initial proceedings.