An individual was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her then-husband – and has had his jail term raised to 10 years.
Retrial Proceedings
Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.
The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an digital platform titled “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.
We expect the jury will declare that in this nation, human rights are also rights of women – that consent is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not via a representative from a spouse.”
Case History
The husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting numerous individuals 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 high-profile trial last year, and the appellant was the only man to challenge his verdict. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.
The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.
Evidence Presented
Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after telling his wife he was going out, the testimony revealed.
Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”
The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.
The panel in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a duration of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.
Defendant's Statements
The defendant informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”
Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”
Pelicot's Words
Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.”
The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps driven by the collective awareness brought by the revelation of your ordeal.”
Sie said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”
The prosecutor told Dogan: “As long as you deny it, it’s not just a person, it’s an whole sordid societal structure that you are endorsing.”
Defendant's Background
Dogan was born in Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was stopped by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of living on the streets.
He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular intimate relations outside their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that once a year he looked for transactional encounters on his special day. His legal representatives told the court he had joint inflammation triggered by the stress of the first trial.
