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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his jail term extended to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally handed a term to nine years in prison, a sentence increased on Thursday to ten years.

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

Courtroom Details

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

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and rejected it was rape. 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 residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that woman.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the public consciousness brought by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a woman, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by police for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced 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 school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that once a year he engaged in paid sex on his special day. His lawyers told the court he had arthritis triggered by the stress of the original case.