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A man was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period extended to a decade.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform named “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the panel will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” said the victim's lawyer, her legal representative. “Permission is secured personally and not through someone else from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a period of what police said was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by onlookers present to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the midst of that, perhaps propelled by the collective awareness brought by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by authorities for dealing drugs and his parent forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he engaged in paid sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.