Closing arguments at Mark Donlevy’s sexual assault trial focuses on credibility of accuser

Crown prosecutor Cory Bliss told a Saskatoon courtroom that all it needed to know about this case could be said in the demeanor of a Saskatoon woman who provided emotional and graphic testimony, accusing Mark Donlevy of raping her in the summer of 2004.

The judge’s decision is expected to rest on whether she believes the accuser’s testimony.

On the final day of Mark Donlevy’s sexual assault trial, the Crown outlined testimony from the now 42-year-old woman, calling it consistent and unrehearsed. He told court that she was open during testimony and noted she didn’t refuse to answer any questions by the Crown or defence.

“She didn’t want this to happen,” Bliss told the court Friday. “She was a victim, she is a victim.”

Defence lawyer Alan McIntyre told court that convicting Donlevy would be unsafe due to “frailties” in the evidence. McIntyre pointed to details from the woman that he called “non-essential,” like what they were wearing on the day of the alleged incident.

McIntyre also said there were too many gaps between what the woman said and her actions; he said it was inconsistent that she would tell Donlevy that alcohol wouldn’t open her up to sex, but then opted to go to his house after “progression of sexual activity” throughout the day, including kissing and dancing. McIntyre said the accuser was in control of her actions.

The woman who accused Donlevy of sexual assault testified this week that she met Donlevy on a dating site and met him for coffee on a hot summer day in 2004. The two would go mini-golfing, then to a drive-in movie and then to a bar to go dancing. She told the court she was 28 at the time and that Donlevy was in his mid-30s.

She testified she drank vodka at the club, and began to feel intoxicated, tired and nauseous and told Donlevy she wanted to go back to his house.

The woman told court that once they got to Donlevy’s house, she asked for a glass of water and tried to go to sleep on a loveseat, but Donlevy insisted she’d be more comfortable in the bedroom. It was there that she said Donlevy raped her.

Donlevy also faces 11 sexual assault charges related to incidents between 2003 and 2016 while he worked as a massage therapist. It was only after the accusations surfaced in 2016 that the woman decided to come forward.

Donlevy did not testify at his trial.

A decision is expected on Sept. 27.