🔗 Share this article French Higher Tribunal Increases Jail Time for Gisèle Pelicot Perpetrator A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his prison sentence extended to ten years. Retrial Proceedings Husamettin Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes. A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019. The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state. We expect the court will affirm that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.” Background The husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union. Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to ten years. The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”. Testimony and Proof The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the court heard. The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.” The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the residence, his conduct had been acceptable. The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was several hours. The judge said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission. Dogan's Claims Dogan stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.” Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.” Survivor's Statement The survivor, who was applauded upon leaving court each day by supporters assembled to back her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unaware woman. At what point did I give you agreement? Never.” The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.” Legal Commentary Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly driven by the public consciousness brought by the publication of your case.” Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.” The prosecutor said to the defendant: “While you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.” Defendant's Background The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets. He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he sought commercial sex on his special day. His legal representatives informed the court he had joint inflammation triggered by the stress of the original case.