🔗 Share this article France's Appeal Tribunal Increases Jail Time for Gisèle Pelicot Assailant A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and received his jail term raised to a decade. Retrial Proceedings Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes. A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019. The court heard that Dogan, a married father, connected with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state. We trust the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not through someone else from a spouse.” Background The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage. Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade. The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”. Evidence Presented The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated. Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.” The proceedings became a central issue for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable. The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan performed assault multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission. Dogan's Claims Dogan stated to the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he convinced me.” Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.” Pelicot's Words Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.” Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.” Prosecutor's Remarks The prosecutor, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly motivated by the public consciousness resulting from the exposure of your situation.” Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.” The prosecutor told Dogan: “While you reject it, it’s not just a individual, it’s an whole disturbing societal structure that you are supporting.” Biographical Details Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused. He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities outside 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 annually he looked for paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the stress of the first trial.