Judge rejects 'myths and stereotypes' about sexual assault victims, finds Saskatoon man guilty

Former Saskatoon massage therapist Mark Donlevy has been found guilty of sexually assaulting a 28-year-old woman he met at an online dating site in 2004.

The issue in the trial at Saskatoon Court of Queen's Bench was not whether Donlevy and the woman had sexual intercourse. Rather, it was whether the woman consented, the lawyers said.

Defence lawyer Alan McIntyre had argued that the sexual activity had slowly escalated from casual touching and kissing to consensual intercourse over the course of their day and evening together.

Justice Heather MacMillan-Brown rejected this out of hand in her decision.

"I will not buy into the myths and stereotypes of how victims of sexual assault should behave," she said.

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In reviewing the woman's testimony, MacMillan-Brown said she was a "credible, believable witness" and that gaps in her recollections that were highlighted by the defence should be attributed to time eroding the memories and not deliberate deception or manipulation.

I will not buy into the myths and stereotypes of how victims of sexual assault should behave.- Justice Heather MacMillan-Brown

Outside court, prosecutor Cory Bliss said the decision sends an important message.

"Just because a person might agree to one form of touching doesn't mean they are consenting to other, different forms of touching. And so that was one of the myths she [MacMillan-Brown] pointed out as being false," he said.

"It needs to be clear that, in terms of sexual assault, people have the right to say no. And that relates to every aspect of sexual contact."

Donlevy returns to court Oct. 19 for sentencing arguments.

He still faces 11 other sexual assault charges unrelated to the 2004 assault. It's alleged that he committed these assaults when he worked as a massage therapist.