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A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his jail term extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a deep sleep.

We trust the court will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. When did I ever give you permission? Never.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly motivated by the societal understanding resulting from the exposure of your case.”

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

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

Personal History

Dogan was born in Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son 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 outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he looked for commercial sex on his birthday. His attorneys informed the court he had joint inflammation caused by the stress of the original case.