🔗 Share this article France's Appeal Tribunal Raises Jail Time for Gisele Pelicot Assailant An individual was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and received his incarceration period raised to ten years. Appeal Trial The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes. A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019. The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state. We expect the panel will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's lawyer, her legal representative. “Consent is obtained personally and not via a representative from a spouse.” Background The ex-husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their union. Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to a decade. The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”. Evidence Presented The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed. Pelicot, who was transported from isolation in prison to temporarily provide testimony at the retrial, told the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.” The trial became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been acceptable. The panel in the higher court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed. Accused's Testimony Dogan stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.” Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that lady.” Victim's Response Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unaware woman. How could I have give you permission? Not once.” Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.” Legal Commentary The prosecutor, speaking to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, possibly propelled by the societal understanding spurred by the revelation of your ordeal.” Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.” Sie said to Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing cultural framework that you are supporting.” Personal History The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by police for selling narcotics and his father forced him to leave the family house. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness. He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in paid sex on his birthday. His attorneys told the court he had a medical condition triggered by the anxiety of the original case.