🔗 Share this article France's Appeal Court Raises Jail Time for Gisele Pelicot Rapist An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period extended to ten years. Higher Court Case Husamettin Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes. A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the early hours of 29 June 2019. The evidence showed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep. “We hope the jury will declare that in this nation, human rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not through someone else from a husband.” Case History The husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of almost a decade of their marriage. Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was initially handed a term to nine years in prison, a penalty increased on Thursday to 10 years. The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”. Evidence Presented The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was going out, the court heard. Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.” The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his actions had been justifiable. The panel in the higher court was presented with visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not given permission. Dogan's Claims The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.” Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.” Pelicot's Words Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to support her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. How could I have give you consent? At no time.” The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.” Legal Commentary Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the course of that, possibly propelled by the collective awareness brought by the publication of your situation.” 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: “We need to change rape culture to a culture of consent.” Sie told the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.” Personal History Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets. He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated intimate relations outside their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that annually he sought paid sex on his birthday. His attorneys told the court he had joint inflammation caused by the pressure of the original case.