🔗 Share this article France's Appeal Tribunal Increases Prison Term for Gisele Pelicot Rapist A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his jail term increased to ten years. Retrial Proceedings The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes. A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019. The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had sedated her into a unconscious state. “We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.” Background Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of almost a decade 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 conviction. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to ten years. The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”. Courtroom Details Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after telling his wife he was going out, the testimony revealed. Pelicot, who was transported from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.” The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable. The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation multiple times over a duration of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not agreed. Accused's Testimony The defendant stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed 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 injure that woman.” Victim's Response The victim, who was applauded upon leaving court each day by supporters gathered to support her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? At no time.” The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.” Legal Commentary The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, possibly driven by the collective awareness brought by the publication of your case.” Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.” Sie told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.” Defendant's Background The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was stopped by authorities for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness. He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the pressure of the first trial.