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A man was convicted on retrial of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the panel will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Permission is received personally and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to nine years in prison, a penalty increased on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unconscious and had not agreed.

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 assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? Never.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The public is maybe in the process of that, possibly propelled by the societal understanding resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent 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 addressed the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

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 parent worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis triggered by the pressure of the first trial.