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A man has been found guilty on retrial of raping Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence extended to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this country, human rights are also women’s rights – that permission is personal, not given by another,” declared the victim's attorney, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators 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 sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what police said was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers gathered to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is possibly in the course of that, possibly driven by the collective awareness spurred by the exposure 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: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to Dogan: “While you reject it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that once a year he looked for paid sex on his birthday. His attorneys told the court he had a medical condition resulting from the stress of the original case.