🔗 Share this article French Appeal Court Increases Sentence for Gisele Pelicot Assailant A defendant was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence increased to ten years. Retrial Proceedings Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes. A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019. The court heard that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state. We trust the court will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not through someone else from a spouse.” Context Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their union. Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years. The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”. Testimony and Proof The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape the victim, after informing his wife he was going out, the testimony revealed. The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.” The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his actions had been justifiable. The panel in the higher court was displayed recorded footage of the victim's limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not agreed. Dogan's Claims Dogan informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.” Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that individual.” Survivor's Statement The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. At what point did I give you permission? Not once.” Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.” Legal Commentary Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, perhaps motivated by the public consciousness spurred by the publication of your situation.” Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.” The prosecutor told the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.” Personal History The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by police for selling narcotics and his parent evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets. He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had told a mental health expert that once a year he engaged in transactional encounters on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.