🔗 Share this article France's Higher Court Uphighers Jail Time for Gisèle Pelicot Assailant An individual was convicted on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and was given his jail term extended to a decade. Appeal Trial The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes. A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019. The court heard that the accused, a married father, connected with the victim's then husband, the husband, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state. We trust the court will say loud and clear that in this country, human rights are also rights of women – that agreement is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not via a representative from a husband.” Context The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage. Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to challenge his sentence. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years. The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”. Testimony and Proof The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated. The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.” The proceedings became a focus point for a broader debate 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 residence, his actions had been justifiable. The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a duration of what police said was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not given permission. Accused's Testimony The defendant told the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.” Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.” Victim's Response Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? At no time.” Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.” Legal Commentary The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps driven by the collective awareness spurred by the revelation of your ordeal.” Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.” Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.” Personal History The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets. He was married and had a child 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 regular sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that annually he engaged in transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation triggered by the stress of the initial proceedings.