🔗 Share this article

A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period increased to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not given by another,” stated the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a duration of what police said was several hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. At what point did I give you permission? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe propelled by the collective awareness brought by the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by police for dealing drugs and his parent evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he sought commercial sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the stress of the initial proceedings.