An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period raised to 10 years.
Higher Court Case
Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.
A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.
The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.
We expect the court will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”
Case History
Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.
Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.
Evidence Presented
The defendant had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.
Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”
The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.
The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what police said was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.
Dogan's Claims
The defendant told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”
Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”
Victim's Response
Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to support her, told the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? Never.”
Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is maybe in the process of that, possibly motivated by the public consciousness spurred by the revelation of your case.”
The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”
Sie said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”
Defendant's Background
The accused was born in Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent 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 undergone periods of living on the streets.
He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that each year he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.
