🔗 Share this article France's Higher Court Increases Jail Time for Gisèle Pelicot Rapist A man was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and received his prison sentence extended to 10 years. Higher Court Case Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal. A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019. The evidence showed that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep. We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.” Context The ex-husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to twenty years 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 many years of their union. Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years. The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”. Testimony and Proof The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the court heard. The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.” The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable. The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not agreed. Defendant's Statements Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.” Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.” Victim's Response The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to assault an unaware woman. When did I ever give you permission? At no time.” Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.” Legal Commentary Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly propelled by the societal understanding brought by the exposure of your situation.” The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.” The prosecutor told Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.” Personal History The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused. He was married 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 court heard his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in paid sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the first trial.