An individual was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term increased to ten years.
Retrial Proceedings
Husamettin Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.
A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.
The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.
“We hope the jury will affirm that in this nation, human rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”
Background
Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.
Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.
Courtroom Details
Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.
Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”
The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.
The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a duration of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.
Accused's Testimony
Dogan informed the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he reassured me.”
Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”
Pelicot's Words
Gisèle Pelicot, who was supported upon departing the trial each day by supporters present to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. At what point did I give you agreement? Never.”
The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly driven by the collective awareness resulting from the revelation of your case.”
The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”
Sie addressed the defendant: “As long as you reject it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”
Defendant's Background
Dogan was born in Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of living on the streets.
He was wed and had a child 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 outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives stated to the court he had arthritis triggered by the anxiety of the first trial.
