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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his jail term extended to a decade.

Retrial Proceedings

Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the jury will declare that in this society, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”

Case History

The husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, contending that because the victim's husband had invited him into the room, his actions had been permissible.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The court official said she had been at peril of death by choking. The prosecution said there was no question 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 violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the course of that, possibly motivated by the collective awareness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent 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 Dogan: “While you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, 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 extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition caused by the anxiety of the first trial.