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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period extended to a decade.

Higher Court Case

Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, told the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The jury in the higher court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and disputed 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 brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was supported upon leaving court each day by supporters present to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is perhaps in the course of that, maybe motivated by the public consciousness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was stopped by police for dealing drugs and his father forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he sought transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation caused by the anxiety of the first trial.