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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period extended to ten years.

Retrial Proceedings

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's lawyer, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

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 leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what police said was several hours. The court official said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, maybe driven by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a evaluator that each year he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis triggered by the pressure of the first trial.