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A man was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her husband – and received his jail term increased to ten years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting dozens of men to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was originally handed a term to 9 years in prison, a sentence raised on Thursday to ten years.

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

Courtroom Details

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

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the room, his actions had been justifiable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was assault. 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 allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters present to stand with her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. How could I have give you consent? 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.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by police for drug trafficking and his father evicted him the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed 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 difficult circumstances. The defendant had stated to a court psychologist that annually he sought paid sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the original case.