A defendant was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence extended to a decade.
Appeal Trial
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.
A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.
The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.
We trust the court will declare that in this country, human rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”
Case History
The husband, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.
Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.
The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.
Evidence Presented
The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.
The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”
The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his actions had been justifiable.
The panel in the higher court was presented with recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.
Dogan's Claims
The defendant informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”
Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”
Pelicot's Words
The survivor, who was applauded upon departing the trial each day by onlookers gathered to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”
The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”
Legal Commentary
The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is maybe in the process of that, perhaps driven by the public consciousness resulting from the revelation of your situation.”
The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”
The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole sordid social system that you are supporting.”
Defendant's Background
Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that Dogan began using drugs at the age of 10. When he was 17 he was stopped by police for dealing drugs and his father forced him to leave of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.
He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he engaged in commercial sex on his special day. His attorneys told the court he had a medical condition caused by the pressure of the original case.
