An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his jail term extended to ten years.
Appeal Trial
Husamettin Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.
A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.
The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had sedated her into a unconscious state.
We trust the panel will declare that in this society, human rights are also rights of women – that agreement is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is secured directly and not via a representative from a husband.”
Background
The husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of many years of their marriage.
Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to challenge his sentence. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to ten years.
The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.
Evidence Presented
Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.
The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”
The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.
The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.
Defendant's Statements
Dogan told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”
Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”
Victim's Response
Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you consent? At no time.”
The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity 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 blame showed that: “The shame remains. Society is perhaps in the process of that, possibly motivated by the collective awareness resulting from the revelation of your situation.”
Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”
The prosecutor addressed Dogan: “As long as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”
Personal History
The accused was originated from Turkey and at the age of 5 came 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 smoking cannabis aged 10. When he was seventeen he was caught by police for selling narcotics and his parent evicted him the family house. 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 wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that each year he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the original case.
