A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period raised to ten years.
Higher Court Case
Husamettin Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.
A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the morning of 29 June 2019.
The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.
We trust the panel will affirm that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is received directly and not via a representative from a husband.”
Context
Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the town of the village of Mazan over a period of many years of their union.
Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was initially handed a term to nine years in prison, a punishment raised on Thursday to 10 years.
The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.
Testimony and Proof
Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.
Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”
The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been permissible.
The jury in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault on several occasions over a duration of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.
Dogan's Claims
Dogan told the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”
Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”
Pelicot's Words
The victim, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”
Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe driven by the public consciousness spurred by the exposure of your case.”
The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”
Sie addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”
Personal History
Dogan was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.
He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a evaluator that once a year he sought paid sex on his special day. His attorneys told the court he had a medical condition caused by the stress of the first trial.
