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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and has had his incarceration period extended to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps driven by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began using drugs aged 10. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for commercial sex on his special day. His lawyers told the court he had a medical condition triggered by the pressure of the first trial.