Massage therapist handed three year-prison sentence

Saskatoon man still awaiting trials on 12 other unrelated sex-assault charges

SASKATOON Saskatoon massage therapist Mark Donlevy will spend three years in federal prison for raping a woman after their first date in 2004.

In issuing her decision at Saskatoon Court of Queen’s Bench on Thursday, Justice Heather Macmillan-brown said she did not consider remorse to be a mitigating factor.

“(Donlevy’s) counsel pointed to the impact these proceedings had upon him and his family, including the fact that they were inundated by publicity even prior to his conviction when he was sheltered by the presumption of innocence,” she said.

“Mr. Donlevy’s remorse was primarily directed inwards, at the impact that this matter has placed upon him and his family, as opposed to the impact on the victim of his offence.”

The Crown had argued for Donlevy to be locked up for 3.5 years, while the defence argued for three.

Macmillan-brown said three years is the baseline for a major sexual assault and she did not think it appropriate to move from that benchmark. She said mitigating factors in the case included the facts that Donlevy has the strong support of his wife and mother, suffers from PTSD after serving 19 years in the military and has a history of being involved in community organizations.

But she acknowledged that Donlevy, now 50, committed a “significant violation” of his victim’s sexual and personal integrity that has had long-lasting effects.

Donlevy’s trial on one count of sexual assault lasted three days in September. The only witness who testified was the victim.

Now 42 years old, she told court she met Donlevy through an online dating site in 2004, when she was 28 and Donlevy was in his mid-30s. She said they met for coffee and then went mini golfing, to a drivein movie and to a club.

She said she felt intoxicated at the club and asked to go back to Donlevy’s place. Once there, she told Donlevy she felt sick and wanted to sleep, she testified. 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.

During the trial, Donlevy’s lawyer argued that it could not be said with certainty the woman had not consented to sex because there had been a “progression of sexual activity” throughout the date, including consensual kissing and close dancing at the club.

He argued the woman’s decisions throughout the day, including asking to go back to Donlevy’s place, suggested she was in control of her actions.

The woman 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 this year on 11 counts of sexual assault related to his massage therapy work, in connection with incidents alleged to have happened between 2003 and 2016.

A 12th charge of sexual assault against Donlevy was laid earlier this month. According to police, a 40-year-old woman “reported being touched inappropriately while being treated by Donlevy at his massage business” in February 2016. Donlevy is scheduled to appear in court on that charge on Nov. 26.