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A defendant was convicted on retrial of raping Gisele Pelicot after she was sedated by her spouse – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim'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 informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers present to stand with her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, possibly motivated by the collective awareness resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “While you reject it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a mental health expert that each year he engaged in transactional encounters on his birthday. His lawyers informed the court he had a medical condition caused by the stress of the original case.