Mark Donlevy has launched an appeal of his sexual assault conviction.
Donlevy, 50, was sentenced on Nov. 15 to three years in prison for sexually assaulting a woman in 2004.
Alan McIntyre, who is representing Donlevy, listed five grounds for the appeal in documents filed with the Saskatchewan Court of Appeal.
He said Justice Heather MacMillan-Brown improperly relied on principles of law regarding “stereotypes and myths of complainant’s in sexual assault trials,” stating at one point the judge misunderstood a question over consensual activity, and failed to explain the inability of the complainant to recall specific events.
McIntyre is also appealing on the grounds the disposition date was scheduled prior to the close of the Crown’s case, but after the complainant testified.
WATCH BELOW: Coverage of Mark Conlevy’s sexual assault trial
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Saskatoon massage therapist Mark Donlevy sentenced to 3 years for sexual assault -
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Mark Donlevy facing another sexual assault charge in Saskatoon -
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Sentencing hearing for Mark Donlevy in sexual assault conviction -
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Mark Donlevy guilty of sexual assault -
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Closing arguments at Mark Donlevy’s sexual assault trial -
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Sexual assault trial starts for Mark Donlevy -
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Massage therapist Mark Donlevy facing seven sexual assault charges
The fourth ground raised by McIntyre are issues raised by the judge “concerning the form of questions asked by the defence and relied upon by court to suggest ‘rape myth’ thinking.” He said those issues were not objected to by the Crown or commented on by the court, making it unfair to take issue with them.
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McIntyre also said MacMillan-Brown presented a reasonable apprehension of bias towards Donlevy.
A date for the appeal has not been set.
The woman, who cannot be identified due to a publication ban, was the only witness to testify at trial.
She and Donlevy met online in the summer of 2004 and met for coffee, mini-golfing, a drive-in movie, and drinks at a night club.
The woman filed her complaint after 11 other women came forward alleging Donlevy sexually assaulted them during a massage therapy appointment between 2003 and 2016.
He has pleaded not guilty to charges and is expected to stand trial at a later date.
On Nov. 6, Saskatoon police confirmed Donlevy had been charged with a 13th count of sexual assault.
A woman came forward and reported to police being touched inappropriately during a massage therapy appointment.
With files from Ryan Kessler
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