Man’s fate rests on accuser’s credibility
Woman says local massage therapist sexually assaulted her on date in 2004
SASKATOON A judge’s decision on whether to find Saskatoon massage therapist Mark Donlevy guilty of sexual assault in an alleged 2004 date rape will likely hinge on whether she believes the testimony of his accuser.
On the third and final day of Donlevy’s sexual assault trial at Saskatoon Court of Queen’s Bench, Crown prosecutor Cory Bliss told Justice Heather MacmillanBrown that the 42-year-old woman who is accusing Donlevy of rape is a victim who provided “credible” and “reliable” evidence on the witness stand, even when she became emotional.
“(The woman), in her demeanour in the witness box, tells you everything you need to know about this case. (The woman) was and is the victim of a sexual assault at the hands of Mr. Donlevy ... As she testified, the trauma that she had suffered spilled out of her and I would suggest to you she was like an open book with the court,” Bliss said.
The defence, meanwhile, said Donlevy should be acquitted. Defence lawyer Alan Mcintyre told the justice there were “frailties” in the woman’s evidence and that she could be described as a “deceptive and manipulative” witness who exaggerated things and remembered new details after the preliminary hearing in an attempt to paint a darker picture of Donlevy to the court.
He said there were inconsistencies between what the woman told the court and the actions she took; Mcintyre pointed out that the woman asked to go back to Donlevy’s house after a “progression of sexual activity” throughout the day, which included kissing and close dancing, and her actions indicated she was in control of her choices.
Bliss cautioned the justice that many “myths and stereotypes” pervade people’s thoughts when they think about sexual assaults. He said talking about a “progression of sexual activity ” and assuming someone wants to have sex because they kissed someone or danced with them is steeped with those stereotypes.
The woman who accused Donlevy of raping her in the summer of 2004 testified earlier this week that she met Donlevy through an online dating site. She said the two met for coffee on a hot summer’s afternoon and then went mini golfing, to a drive-in movie and to a club, where they danced. She said she felt intoxicated at the club and asked to go back to Donlevy ’s place. Once there, she testified, she told Donlevy she felt sick and wanted to sleep.
She said he led her to his bedroom, took off her clothes, forced her to perform oral sex on him and then had forced vaginal intercourse with her while she cried and told him she didn’t want to have sex.
She reported the incident to police in late 2016 after she saw news reports that Donlevy was facing sexual assault charges related to his work as a massage therapist. Donlevy is scheduled to stand trial later this year on 11 counts of sexual assault related to his massage therapy work for incidents alleged to have happened between 2003 and 2016.
Donlevy did not present evidence in his own defence at this week’s trial.
Justice Macmillan-brown is expected to issue her decision Sept. 27.