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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term extended to 10 years.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a comatose state.

We trust the panel will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, her legal representative. “Consent is received personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly testify at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by crowds gathered to support her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up 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 the defendant's refusal to take blame showed that: “The shame remains. Society is perhaps in the process of that, maybe propelled by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’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.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that each year he engaged in commercial sex on his special day. His attorneys informed the court he had arthritis resulting from the pressure of the first trial.