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A man was convicted on appeal of raping Gisele Pelicot following she was sedated by her husband – and was given his incarceration period extended to a decade.

Higher Court Case

Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was initially handed a term to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on societal attitudes 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 room, his behavior had been justifiable.

The panel in the higher court was shown video evidence of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, addressed the defendant in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, perhaps motivated by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his parent evicted him the family house. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had told a evaluator that each year he engaged in commercial sex on his special day. His legal representatives informed the court he had a medical condition resulting from the anxiety of the initial proceedings.