A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his prison sentence extended to a decade.
Appeal Trial
Husamettin Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.
A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.
The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had drugged her into a deep sleep.
We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”
Background
Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.
Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to ten years.
The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town 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 give evidence at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”
The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.
The panel in the higher court was displayed visual proof of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not given permission.
Accused's Testimony
The defendant informed the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” 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 never wanted to harm that woman.”
Victim's Response
The survivor, who was applauded upon departing the trial each day by onlookers assembled to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? Never.”
The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, maybe motivated by the public consciousness brought by the exposure of your case.”
The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”
The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”
Biographical Details
Dogan was originated from 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 parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his father forced him to leave of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.
He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that each year he looked for paid sex on his special day. His lawyers told the court he had arthritis resulting from the stress of the original case.
