🔗 Share this article France's Higher Court Raises Jail Time for Gisèle Pelicot Rapist A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his jail term increased to a decade. Higher Court Case Husamettin Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes. A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019. The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a comatose state. “We hope the court will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not via a representative from a husband.” Background Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their marriage. Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to a decade. The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”. Courtroom Details Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated. The ex-husband, who was transported from segregation in prison to briefly testify at the retrial, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.” The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been justifiable. The jury in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed. Accused's Testimony Dogan informed the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.” Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that lady.” Survivor's Statement Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? At no time.” The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.” Prosecutor's Remarks Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is perhaps in the process of that, possibly motivated by the societal understanding brought by the publication of your ordeal.” Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.” The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant social system that you are upholding.” Personal History Dogan was born in Turkey and at the age of 5 relocated to the nation of 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 seventeen he was stopped by police for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness. He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that each year he sought paid sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.