An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to ten years.
Appeal Trial
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.
The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had sedated her into a comatose state.
“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” said the victim's attorney, her legal representative. “Consent is obtained directly and not via a representative from a spouse.”
Context
The ex-husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their union.
Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.
The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.
Testimony and Proof
The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.
The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, told the court that Dogan had known 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 consent.”
The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.
The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.
Defendant's Statements
Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”
Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”
Survivor's Statement
The victim, who was cheered upon departing the trial each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. How could I have give you permission? Never.”
The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”
State's Argument
The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is perhaps in the process of that, possibly propelled by the societal understanding spurred by the publication of your ordeal.”
The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”
The prosecutor told Dogan: “While you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”
Defendant's Background
Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.
He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he looked for commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the stress of the original case.
