Broome County District Attorney F. Paul Battisti announced that following a Jury Trial in Broome County Court before the Hon. Carol A. Cocchiola today, Stephen K. Pudiak, 33, of Binghamton, was found guilty of Rape in the First Degree and Sexual Abuse in the First Degree.
The Jury determined that Pudiak engaged in sexual contact and sexual intercourse with a female who was incapable of consent by reason of being physically helpless due to being asleep.
The convictions stem from an incident that occurred on or about August 5, 2017, during which the Defendant recorded himself engaging in sexual intercourse with the victim while she was asleep. Evidence presented at trial established that the victim was unaware she was being recorded and did not know the sexual assault had occurred.
“This verdict sends a clear message that sexual violence will not be tolerated in Broome County. Consent is fundamental, and it must be knowing, voluntary, and present. Sexual acts committed while a person is asleep, or otherwise physically helpless, are crimes. I commend the Jury for their careful consideration of the evidence and their commitment to justice, as well as the Prosecutors who worked diligently to hold the Defendant accountable. Our office remains steadfast in standing with victims and ensuring their voices are heard,” said District Attorney F. Paul Battisti.
Senior Assistant District Attorneys Amanda Cronin and Sarah Dean prosecuted this case for the Broome County District Attorney’s Office with the assistance of District Attorney Investigator Robert Fimbres.
Sentencing is scheduled for May 6 in Broome County Court before the Hon. Carol A. Cocchiola.
When sentenced, the Defendant faces up to 25 years in State Prison followed by 20 years Post Release Supervision and will be required to register as a Sex Offender.
