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

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not by proxy 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 drugging his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a focus point 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 the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, perhaps driven by the societal understanding spurred by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he sought commercial sex on his special day. His legal representatives told the court he had joint inflammation caused by the pressure of the initial proceedings.