A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence extended to 10 years.
Retrial Proceedings
Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.
A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.
The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.
“We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Permission is received directly and not through someone else from a spouse.”
Case History
The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.
Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to challenge his sentence. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.
The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.
Testimony and Proof
The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.
The ex-husband, who was brought from segregation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”
The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.
The panel in the higher court was presented with visual proof of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.
Dogan's Claims
Dogan informed the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”
Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that individual.”
Survivor's Statement
Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”
Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly driven by the societal understanding spurred by the publication of your situation.”
Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”
The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”
Biographical Details
The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began using drugs aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of being unhoused.
He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.
