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A defendant has been found guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to ten years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the jury will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a duration of what police said was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. At what point did I give you consent? At no time.”

The victim, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is maybe in the course of that, perhaps driven by the societal understanding brought by the exposure of your ordeal.”

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

Sie said to Dogan: “As long as you reject it, it’s not just a person, it’s an entire disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by police for dealing drugs and his parent evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that each year he sought commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the stress of the initial proceedings.