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A man was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her husband – and was given his prison sentence raised to a decade.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this country, human rights are also rights of women – that agreement is individual, not delegated,” said the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” 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 tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers gathered to back her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the process of that, perhaps driven by the collective awareness spurred by the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that once a year he looked for paid sex on his special day. His legal representatives told the court he had joint inflammation triggered by the anxiety of the first trial.