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A defendant has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his incarceration period raised to a decade.

Appeal Trial

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to nine years in prison, a penalty increased on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what police said was several hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unaware woman. When did I ever give you consent? Not once.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly motivated by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he sought paid sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.