🔗 Share this article French Appeal Court Uphighers Prison Term for Gisele Pelicot Rapist A man was convicted on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his incarceration period increased to a decade. Retrial Proceedings The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal. A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of 29 June 2019. The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum named “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a deep sleep. We expect the court will declare that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Permission is received directly and not via a representative from a spouse.” Context Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a span of nearly ten years of their marriage. Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to a decade. The state's attorney, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”. Testimony and Proof The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape the victim, after telling his wife he was going out, the evidence indicated. Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.” The proceedings became a central issue for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable. The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been unaware and had not consented. Accused's Testimony Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.” Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.” Pelicot's Words The victim, who was supported upon leaving court each day by crowds gathered to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Never.” The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.” Legal Commentary The prosecutor, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is possibly in the process of that, perhaps driven by the societal understanding resulting from the revelation of your situation.” Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.” The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are endorsing.” Biographical Details The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began using drugs aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his parent evicted him of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of homelessness. He was married and had a child with a genetic condition, 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 frequent extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. The defendant had told a court psychologist that annually he looked for paid sex on his special day. His attorneys stated to the court he had joint inflammation triggered by the anxiety of the original case.