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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his incarceration period increased to a decade.

Retrial Proceedings

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

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the retrial, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds assembled to back her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly driven by the collective awareness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the residence. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that each year he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis triggered by the stress of the original case.