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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence raised to 10 years.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was several 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 unaware and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, possibly propelled by the societal understanding resulting from the publication of your situation.”

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

Sie told Dogan: “While you reject it, it’s not just a individual, it’s an whole sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was violent and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that annually he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation triggered by the stress of the first trial.