🔗 Share this article

A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his jail term raised to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this nation, human rights are also rights of women – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was initially sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region 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 retrial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe propelled by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began using drugs aged 10. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the stress of the initial proceedings.