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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his jail term raised to 10 years.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a deep sleep.

“We hope the court will declare 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 obtained directly and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by onlookers assembled to back her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you consent? Never.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is possibly in the midst of that, perhaps driven by the public consciousness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian 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 defence said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that once a year he engaged in commercial sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the original case.