🔗 Share this article French Higher Tribunal Uphighers Prison Term for Gisele Pelicot Assailant A defendant was convicted on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period extended to a decade. Higher Court Case The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the higher court in Nîmes. A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019. The evidence showed that Dogan, a married father, reached out to the victim's then husband, the husband, in an online chatroom titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state. We expect the jury will affirm that in this society, human rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received directly and not by proxy from a spouse.” Background The husband, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage. Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to 10 years. The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”. Testimony and Proof The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated. Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.” The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible. The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented. Defendant's Statements The defendant stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.” Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.” Pelicot's Words Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Never.” The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.” Prosecutor's Remarks The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe propelled by the public consciousness spurred by the exposure of your ordeal.” The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.” The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.” Defendant's Background Dogan was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of being unhoused. He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that each year he sought transactional encounters on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the initial proceedings.