🔗 Share this article

A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and has had his incarceration period increased to a decade.

Appeal Trial

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

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a comatose state.

We expect the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by onlookers present to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The public is maybe in the process of that, perhaps driven by the collective awareness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

The accused 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 parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that each year he looked for paid sex on his birthday. His legal representatives told the court he had arthritis triggered by the pressure of the initial proceedings.