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A man was convicted on retrial of raping Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence increased to 10 years.

Retrial Proceedings

Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a comatose state.

“We hope the panel will declare that in this country, fundamental rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was displayed video evidence of the victim's limp body, sedated and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was stopped by authorities for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with special needs, 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 repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had a medical condition triggered by the stress of the initial proceedings.