🔗 Share this article French Appeal Tribunal Increases Prison Term for Gisele Pelicot Perpetrator A defendant has been found guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and received his incarceration period increased to a decade. Retrial Proceedings Husamettin Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the appeals court in Nîmes. A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019. The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a comatose state. “We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated the victim's attorney, her legal representative. “Consent is received directly and not through someone else from a husband.” Context Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage. 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 first sentenced to nine years in prison, a penalty increased on Thursday to 10 years. The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”. Testimony and Proof Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was going out, the evidence indicated. Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.” The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable. The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not agreed. Dogan's Claims Dogan told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.” Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.” Victim's Response The victim, who was cheered upon exiting the courtroom each day by onlookers present to support her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Never.” Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.” Prosecutor's Remarks Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly propelled by the public consciousness resulting from the publication of your case.” The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.” The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.” Personal History The accused was originated from Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of homelessness. He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a evaluator that annually he engaged in paid sex on his birthday. His attorneys told the court he had a medical condition caused by the anxiety of the original case.