🔗 Share this article

A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period increased to ten years.

Appeal Trial

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

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “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 handed a sentence to twenty years in prison last year for sedating his spouse and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, comatose and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps driven by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that annually he engaged in commercial sex on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the original case.