🔗 Share this article French Appeal Tribunal Raises Jail Time for Gisele Pelicot Assailant A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his prison sentence raised to 10 years. Appeal Trial Husamettin Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal. A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019. The evidence showed that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep. We expect the court will declare that in this nation, human rights are also rights of women – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.” Case History The husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the community of Mazan over a period of many years of their marriage. Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years. The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”. Testimony and Proof The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed. The ex-husband, who was brought from segregation in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.” The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable. The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed. Defendant's Statements Dogan stated to the court the footage were simply “intimate moments” and denied it was assault. 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 allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he convinced me.” Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.” Victim's Response The survivor, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you consent? Not once.” Gisèle Pelicot, 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.” Prosecutor's Remarks The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe motivated by the public consciousness brought by the revelation of your ordeal.” The prosecutor said Dogan’s claims of blamelessness showed how rape culture 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 society based on agreement.” The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are endorsing.” Personal History Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was caught by police for drug trafficking and his father evicted him the residence. He spent time in prison for drug dealing in his early 20s 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 main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that annually he looked for paid sex on his birthday. His legal representatives informed the court he had arthritis resulting from the pressure of the initial proceedings.