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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his jail term extended to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the panel will declare that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not via a representative from a husband.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

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

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was several hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the recordings 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 am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by onlookers gathered to back her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, possibly driven by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his father was aggressive and that Dogan began using drugs at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys told the court he had arthritis triggered by the anxiety of the original case.