An individual has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his prison sentence increased to ten years.
Appeal Trial
Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing 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 Provence in the morning of June 29, 2019.
The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.
We expect the court will declare that in this nation, fundamental rights are also women’s rights – that consent is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”
Background
The husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of almost a decade of their marriage.
Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was initially sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.
The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.
Courtroom Details
Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.
Pelicot, who was brought from solitary confinement in prison to briefly testify at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”
The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had invited him into the room, his conduct had been justifiable.
The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a duration of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.
Defendant's Statements
The defendant told the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he persuaded me.”
Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”
Pelicot's Words
Gisèle Pelicot, who was cheered upon departing the trial each day by crowds gathered to stand with her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you permission? 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.”
Legal Commentary
The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, possibly propelled by the public consciousness brought by the revelation of your case.”
The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”
The prosecutor said to the defendant: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”
Personal History
The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of homelessness.
He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a mental health expert that once a year he sought commercial sex on his special day. His lawyers told the court he had joint inflammation caused by the pressure of the first trial.
