An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his incarceration period raised to 10 years.
Appeal Trial
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.
A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019.
The court heard that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.
“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”
Case History
The husband, among the most severe sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a duration of almost a decade of their union.
Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.
The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.
Evidence Presented
The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the court heard.
The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”
The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the residence, his behavior had been permissible.
The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.
Dogan's Claims
Dogan stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.”
Survivor's Statement
The victim, who was cheered upon exiting the courtroom each day by crowds gathered to support her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. How could I have give you consent? Never.”
The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”
Legal Commentary
Sie, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly propelled by the public consciousness spurred by the publication of your ordeal.”
Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”
Sie told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”
Defendant's Background
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 testimony revealed that his father was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.
He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had told a evaluator that each year he engaged in commercial sex on his special day. His attorneys told the court he had arthritis caused by the pressure of the original case.
