A defendant has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and received his incarceration period raised to a decade.
Higher Court Case
Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.
A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of 29 June 2019.
The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.
We trust the court will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”
Background
The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.
Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.
The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.
Courtroom Details
The defendant had first sent the husband graphic images and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.
Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”
The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.
The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.
Accused's Testimony
The defendant informed the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he convinced me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”
Survivor's Statement
Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Never.”
The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is possibly in the process of that, perhaps motivated by the societal understanding brought by the publication of your situation.”
The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”
Sie addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”
Personal History
Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs at the age of ten. When he was 17 he was caught by police for selling narcotics and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of living on the streets.
He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that once a year he sought transactional encounters on his birthday. His attorneys told the court he had arthritis caused by the stress of the initial proceedings.
