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An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his prison sentence increased to ten years.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the court will declare that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a timeframe of what police said was several hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, maybe propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard 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 challenging existence. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the pressure of the original case.