🔗 Share this article

A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence extended to a decade.

Retrial Proceedings

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's then husband, the husband, in an digital platform named “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault 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 high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by supporters gathered to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to assault an unconscious woman. When did I ever give you permission? Never.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly driven by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had told a mental health expert that once a year he engaged in paid sex on his birthday. His attorneys told the court he had arthritis caused by the anxiety of the first trial.