An individual has been found guilty on retrial of raping Gisèle Pelicot following she was sedated by her husband – and was given his incarceration period extended to ten years.
Higher Court Case
Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.
A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.
The testimony revealed that Dogan, a married father, connected with the victim's spouse, the husband, in an online chatroom named “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a comatose state.
We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”
Context
The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades 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 almost a decade of their union.
Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was originally sentenced 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 “completely denies to take any responsibility”.
Evidence Presented
Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.
Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”
The trial became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been permissible.
The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.
Defendant's Statements
Dogan stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”
Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”
Victim's Response
The survivor, who was supported upon exiting the courtroom each day by supporters gathered to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. At what point did I give you permission? At no time.”
The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe driven by the public consciousness spurred by the revelation of your case.”
Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”
Sie addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”
Defendant's Background
Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of being unhoused.
He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that once a year he looked for transactional encounters on his birthday. His attorneys told the court he had joint inflammation caused by the pressure of the initial proceedings.
