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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this society, human rights are also rights of women – that permission is personal, not transferred,” said the victim's lawyer, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to support her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? At no time.”

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

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is possibly in the midst of that, maybe motivated by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had arthritis caused by the anxiety of the first trial.