🔗 Share this article France's Appeal Court Raises Sentence for Gisele Pelicot Perpetrator A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and has had his jail term raised to a decade. Appeal Trial Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal. A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019. The court heard that the accused, a family man, made contact with the victim's spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state. “We hope the court will declare that in this nation, human rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.” Context The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union. Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was first sentenced to 9 years in prison, a penalty increased on Thursday to 10 years. The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”. Testimony and Proof The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated. The ex-husband, who was transported from isolation in prison to temporarily testify at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.” The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the room, his behavior had been acceptable. The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed. Dogan's Claims The defendant stated to the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.” Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.” Victim's Response The survivor, who was cheered upon departing the trial each day by supporters assembled to stand with her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Never.” Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.” Legal Commentary The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, perhaps motivated by the public consciousness spurred by the publication of your ordeal.” The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.” Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole disturbing cultural framework that you are endorsing.” Defendant's Background Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged ten. When he was 17 he was apprehended by police for dealing drugs and his parent evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of living on the streets. He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had arthritis triggered by the pressure of the initial proceedings.