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A man was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence extended to a decade.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was first sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, told the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

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

Pelicot's Words

The victim, who was supported upon leaving court each day by supporters assembled to back her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is maybe in the course of that, possibly propelled by the collective awareness resulting from the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “As long as you deny it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by police for drug trafficking and his father forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he sought paid sex on his special day. His lawyers informed the court he had arthritis resulting from the pressure of the first trial.