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A defendant was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his jail term increased to 10 years.

Retrial Proceedings

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty raised on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by crowds assembled to support her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, possibly motivated by the collective awareness brought by the exposure of your situation.”

Sie said the defendant's claims of innocence 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 society based on agreement.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was caught by police for drug trafficking and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had a medical condition triggered by the stress of the original case.