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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his incarceration period extended to 10 years.

Appeal Trial

Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, stating that because the victim's husband had invited him into the room, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was supported upon departing the trial each day by supporters assembled to support her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the societal understanding brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When he was seventeen he was apprehended by police for dealing drugs and his father kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that once a year he sought transactional encounters on his special day. His lawyers informed the court he had a medical condition resulting from the anxiety of the initial proceedings.