🔗 Share this article French Appeal Tribunal Raises Prison Term for Gisele Pelicot Rapist A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her husband – and received his incarceration period increased to ten years. Higher Court Case Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes. A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019. The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state. “We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not by proxy from a husband.” Case History The husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the town of Mazan over a span of almost a decade of their marriage. Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to a decade. The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”. Testimony and Proof The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated. The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.” The proceedings became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible. The panel in the Nîmes appeals court was presented with video evidence of the victim's limp body, comatose and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not given permission. Defendant's Statements Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.” Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.” Survivor's Statement The victim, who was supported upon leaving court each day by crowds assembled to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Never.” The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.” Legal Commentary The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly propelled by the societal understanding brought by the publication of your case.” Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.” Sie said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.” Defendant's Background The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by police for dealing drugs and his parent evicted him of home. 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 wife worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that once a year he sought commercial sex on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the first trial.