A defendant was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and received his prison sentence raised to a decade.
Appeal Trial
Husamettin Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.
A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.
The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.
We trust the court will declare that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a spouse.”
Case History
The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a period of nearly ten years of their union.
Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.
The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.
Evidence Presented
The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.
Pelicot, who was brought from segregation in prison to briefly 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 want someone to violate my wife after I’ve sedated her without her knowledge.”
The trial became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.
The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a period of what investigators stated was several 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 incapacitated and had not agreed.
Defendant's Statements
The defendant stated to the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, 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 deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”
Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”
Pelicot's Words
The survivor, who was applauded upon departing the trial each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? Not once.”
Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”
State's Argument
The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is maybe in the process of that, perhaps propelled by the collective awareness resulting from the revelation of your situation.”
The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework 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 the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by police for drug trafficking and his father evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had undergone periods of homelessness.
He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities 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 annually he sought commercial sex on his birthday. His legal representatives informed the court he had arthritis resulting from the pressure of the first trial.
