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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation on several occasions over a duration of what police said was three and a half hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the course of that, possibly propelled by the collective awareness resulting from the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged 10. When he was seventeen he was stopped by police for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that each year he looked for paid sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the pressure of the initial proceedings.