🔗 Share this article French Higher Court Increases Sentence for Gisèle Pelicot Assailant An individual has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her husband – and was given his incarceration period raised to ten years. Higher Court Case Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes. A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of 29 June 2019. The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an online chatroom titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state. “We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that consent is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a husband.” Case History The husband, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the town of Mazan over a span of nearly ten years 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 appeal against his verdict. He was first handed a term to 9 years in prison, a penalty increased on Thursday to ten years. The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”. Courtroom Details Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated. Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.” The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable. The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what police said was three and a half hours. The judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission. Defendant's Statements Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.” Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.” Pelicot's Words The survivor, who was supported upon leaving court each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.” The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.” Legal Commentary Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly driven by the societal understanding spurred by the exposure of your case.” Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.” The prosecutor said to the defendant: “As long as you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are endorsing.” Defendant's Background The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets. He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that once a year he sought commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the pressure of the original case.