A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his jail term extended to a decade.
Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.
A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.
The evidence showed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.
We trust the jury will declare that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”
Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.
Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.
The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.
Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the court heard.
The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”
The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.
The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no question that she had been unaware and had not consented.
Dogan told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”
Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”
Gisèle Pelicot, who was supported upon departing the trial each day by crowds assembled to stand with her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”
Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the course of that, possibly propelled by the societal understanding spurred by the publication of your situation.”
The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”
Sie told the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”
Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.
He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that annually he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis resulting from the anxiety of the original case.
A seasoned gambling analyst with over a decade of experience in casino gaming and slot machine strategy development.
