France's Higher Tribunal Uphighers Sentence for Gisele Pelicot Assailant
An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his prison sentence raised to a decade.
Retrial Proceedings
Husamettin Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.
The court heard that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum named “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a unconscious state.
“We hope the panel will declare that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”
Background
The ex-husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.
Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to a decade.
The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.
Evidence Presented
Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.
Pelicot, who was brought from solitary confinement in prison to temporarily testify at the hearing, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”
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 perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.
The panel in the higher court was displayed visual proof of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a period of what police said was three and a half hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.
Dogan's Claims
The defendant told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he reassured me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”
Pelicot's Words
The victim, who was cheered upon leaving court each day by onlookers assembled to stand with her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. At what point did I give you permission? Never.”
Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”
Legal Commentary
Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe propelled by the public consciousness brought by the exposure of your case.”
The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”
The prosecutor told Dogan: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”
Personal History
The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of living on the streets.
He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a mental health expert that annually he sought paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the stress of the initial proceedings.