An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period raised to a decade.
Higher Court Case
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.
A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of June 29, 2019.
The court heard that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.
We expect the court will say loud and clear that in this nation, human rights are also rights of women – that permission is individual, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”
Context
The husband, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.
Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.
The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.
Evidence Presented
Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after informing his wife he was going out, the testimony revealed.
Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her consent.”
The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.
The panel in the higher court was shown recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.
Defendant's Statements
The defendant informed the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”
Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”
Victim's Response
Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to assault an incapacitated woman. How could I have give you agreement? At no time.”
The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”
State's Argument
The prosecutor, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly motivated by the public consciousness spurred by the revelation of your case.”
The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”
Sie told Dogan: “While you reject it, it’s not just a individual, it’s an whole sordid cultural framework that you are upholding.”
Personal History
Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of homelessness.
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 spouse did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that each year he engaged in paid sex on his special day. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.
