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

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not transferred,” said the victim's lawyer, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. 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 accountability”.

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan 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 conduct had been justifiable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, perhaps motivated by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told the defendant: “While you reject it, it’s not just a person, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began using drugs aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his parent evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives informed the court he had a medical condition caused by the pressure of the initial proceedings.