A man was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence extended to a decade.
Higher Court Case
Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.
The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.
We expect the jury will say loud and clear that in this society, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not by proxy from a husband.”
Background
The husband, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of nearly ten years of their marriage.
Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.
The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.
Courtroom Details
The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.
The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”
The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his behavior had been permissible.
The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not consented.
Accused's Testimony
The defendant informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”
Victim's Response
The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. How could I have give you consent? Never.”
The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps motivated by the collective awareness resulting from the publication of your situation.”
The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”
Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant societal structure that you are supporting.”
Defendant's Background
Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.
He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that once a year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the stress of the first trial.
