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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his incarceration period increased to 10 years.

Appeal Trial

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's spouse, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife once he had sedated her into a comatose state.

We expect the panel will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Agreement is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was first given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not committed rape, contending that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a period of what authorities reported 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 doubt that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” 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 told the court. “I carried on because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers assembled to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, possibly propelled by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire unpleasant societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed 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 spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the initial proceedings.