🔗 Share this article France's Appeal Tribunal Raises Sentence for Gisele Pelicot Perpetrator A defendant was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and has had his jail term increased to 10 years. Appeal Trial Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes. A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019. The testimony revealed that the accused, a married father, made contact with the victim's spouse, the husband, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a comatose state. “We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Agreement is received personally and not by proxy from a husband.” Background The husband, a notorious sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union. Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years. The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”. Evidence Presented Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated. Pelicot, who was transported from segregation in prison to temporarily give evidence at the appeal trial, informed 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 knowledge.” The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his actions had been justifiable. The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not agreed. Dogan's Claims The defendant told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.” Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.” Victim's Response The victim, who was applauded upon departing the trial each day by onlookers assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? Not once.” Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.” Legal Commentary The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is maybe in the process of that, possibly motivated by the collective awareness brought by the publication of your case.” The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.” The prosecutor told the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.” Personal History Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He served time 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 Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that once a year he sought transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation resulting from the stress of the initial proceedings.