🔗 Share this article French Higher Court Increases Sentence for Gisèle Pelicot Assailant An individual was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period increased to 10 years. Appeal Trial The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the higher court in Nîmes. A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019. The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep. “We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a spouse.” Case History The husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of many years of their marriage. Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was initially given a sentence to 9 years in prison, a sentence increased on Thursday to ten years. The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”. Testimony and Proof The defendant had first sent the husband graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the testimony revealed. The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.” The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable. The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a duration of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented. Accused's Testimony Dogan informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.” Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.” Victim's Response The victim, who was supported upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to rape an unaware woman. When did I ever give you agreement? Never.” Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.” State's Argument The prosecutor, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe motivated by the collective awareness spurred by the exposure of your case.” Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.” The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.” Personal History The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of living on the streets. He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he looked for commercial sex on his birthday. His attorneys told the court he had joint inflammation resulting from the stress of the original case.