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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Retrial Proceedings

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

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a unconscious state.

“We hope the jury will declare that in this country, human rights are also rights of women – that agreement is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to nine years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a timeframe of what police said was several hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

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

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. How could I have give you agreement? Never.”

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

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly driven by the collective awareness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The court heard that his father was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he sought paid sex on his special day. His lawyers stated to the court he had a medical condition caused by the anxiety of the first trial.