Defence lawyer Alan McIntyre said Friday it would be incorrect to convict Mark Donlevy of sexual assault because of one question, which he asked directly of Justice Heather McMillan.

"Are you sure?"

McIntyre said this question, whether the woman's version of events is believable beyond a reasonable doubt, strikes to the heart of the case.

"Are you sure? I submit that, by the frailties in her testimony, you are not."

Donlevy is charged with a single count of sexual assault that dates back to 2004. A woman alleges that Donlevy raped her after meeting her on a dating site.

McIntyre and prosecutor Cory Bliss made their closing arguments Friday at Court of Queen's Bench. Both noted that, in a case where the complainant was the sole Crown witness and the defence called no witnesses, it was going to come down to the whether the woman's story is believable.

McIntyre said there were too many gaps between the woman's words and actions. He said that her insisting that she made it clear verbally that she did not want to have sex ran counter to her actions because she kissed Donlevy repeatedly and allowed him to touch her while they were dancing.

McIntyre suggested this showed a progression that lead to a consensual sexual encounter.

Bliss said the woman simply "naively trusted a charming fire fighter."

He said the woman's demeanour during her testimony showed that she is still in trauma. Bliss said that she never shied away from any uncomfortable questions and shared memories that are real.

"She had internally consistent testimony, it was very natural and it hung together," he said.

Justice McMillan will give her decision on Sept. 27.