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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence increased to a decade.

Higher Court Case

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

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to come to his home 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, human rights are also women’s rights – that permission is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a timeframe of what police said was several hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and disputed it was rape. 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 brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters present to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is possibly in the process of that, possibly propelled by the collective awareness spurred by the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the initial proceedings.