An individual was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his prison sentence increased to 10 years.
Appeal Trial
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.
A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.
The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a unconscious state.
We trust the jury will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, her legal representative. “Permission is secured personally and not through someone else from a husband.”
Background
The ex-husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.
Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was first handed a term to nine years in prison, a punishment increased on Thursday to a decade.
The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.
Evidence Presented
Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.
The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”
The trial became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.
The jury in the higher court was shown video evidence of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unaware and had not agreed.
Dogan's Claims
The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”
Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”
Victim's Response
Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? Not once.”
Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”
State's Argument
The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, possibly propelled by the collective awareness resulting from the revelation of your case.”
Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”
Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing cultural framework that you are upholding.”
Defendant's Background
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 evidence indicated that his parent was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was caught by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of being unhoused.
He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the anxiety of the first trial.