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A man was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence extended to a decade.

Appeal Trial

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

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of death by suffocation. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Never.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe driven by the societal understanding resulting from the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you deny it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his father evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, 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 repeated intimate relations outside their union. His defence said this was his way of coping with his stressful life. Dogan had told a court psychologist that once a year he engaged in commercial sex on his special day. His lawyers stated to the court he had arthritis resulting from the pressure of the initial proceedings.