A man was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her then-husband – and received his jail term raised to 10 years.
Higher Court Case
Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.
A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of June 29, 2019.
The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a deep sleep.
“We hope the court will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not transferred,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a husband.”
Context
Dominique Pelicot, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.
Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.
The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.
Testimony and Proof
The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.
The ex-husband, who was transported from isolation in prison to briefly give evidence at the retrial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”
The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.
The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unconscious and had not consented.
Accused's Testimony
The defendant informed the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”
Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”
Pelicot's Words
The victim, who was cheered upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”
Gisèle Pelicot, seventy-two, became an global icon after she waived 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 refusal to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, possibly motivated by the collective awareness spurred by the exposure of your situation.”
Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”
The prosecutor told the defendant: “While you reject it, it’s not just a person, it’s an complete unpleasant cultural framework that you are endorsing.”
Biographical Details
The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for trafficking in his twenties and had worked as a laborer 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 testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that annually he sought commercial sex on his special day. His legal representatives told the court he had joint inflammation triggered by the anxiety of the original case.
