🔗 Share this article France's Higher Tribunal Increases Sentence for Gisèle Pelicot Rapist A man was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and has had his jail term extended to a decade. Higher Court Case Husamettin Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes. A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of 29 June 2019. The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state. We expect the jury will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.” Context The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union. Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to 10 years. The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”. Courtroom Details Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated. The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.” The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable. The panel in the higher court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not given permission. Dogan's Claims Dogan told the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.” Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.” Survivor's Statement The survivor, who was applauded upon departing the trial each day by crowds present to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unaware woman. How could I have give you permission? Not once.” The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.” State's Argument The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is maybe in the process of that, perhaps motivated by the public consciousness spurred by the exposure of your case.” The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.” The prosecutor said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.” Biographical Details Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of homelessness. He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that annually he looked for paid sex on his birthday. His lawyers informed the court he had a medical condition resulting from the anxiety of the first trial.