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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period increased to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was first sentenced to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a period of what police said was several hours. The judge said she had been at danger of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

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

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Never.”

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

Legal Commentary

Sie, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly propelled by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

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

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

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 testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that each year he sought paid sex on his birthday. His attorneys informed the court he had arthritis triggered by the stress of the original case.