A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his incarceration period raised to a decade.
Retrial Proceedings
Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.
A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.
The evidence showed that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a comatose state.
We expect the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”
Background
The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a period of nearly ten years of their union.
Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to a decade.
The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.
Evidence Presented
The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.
Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”
The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his behavior had been permissible.
The jury in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.
Accused's Testimony
Dogan informed the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told 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 deceived by the husband. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”
Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”
Survivor's Statement
The survivor, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? At no time.”
The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
State's Argument
Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the course of that, possibly propelled by the societal understanding brought by the exposure of your case.”
Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”
The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are upholding.”
Defendant's Background
Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his father was violent and that the defendant began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.
He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that annually he engaged in paid sex on his birthday. His attorneys informed the court he had a medical condition caused by the anxiety of the initial proceedings.
