🔗 Share this article French Appeal Court Uphighers Jail Time for Gisèle Pelicot Perpetrator A man was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her husband – and received his incarceration period extended to a decade. Appeal Trial Husamettin Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes. A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019. The testimony revealed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a comatose state. “We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.” Background Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union. Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to a decade. The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”. Courtroom Details Dogan had first sent the husband graphic images and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed. Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.” The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable. The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented. Dogan's Claims The defendant informed the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.” Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.” Victim's Response The survivor, who was applauded upon leaving court each day by crowds present to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? Never.” The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.” Legal Commentary The prosecutor, addressing the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly driven by the societal understanding brought by the revelation of your ordeal.” Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.” Sie told the defendant: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are endorsing.” Defendant's Background The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets. He was married 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 spouse did not know he had frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis resulting from the anxiety of the initial proceedings.