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A man was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and received his incarceration period raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern 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 digital platform named “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a comatose state.

We trust the panel will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told 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 deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an unaware woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by police for dealing drugs and his father forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that each year he sought paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the stress of the original case.