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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence extended to 10 years.

Higher Court Case

Husamettin Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is perhaps in the course of that, possibly driven by the collective awareness spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent evicted him of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that each year he engaged in commercial sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the stress of the initial proceedings.