BINGHAMTON, NY (607NewsNow) – A Binghamton man will spend time in prison for a crime committed nearly a decade ago.

On February 6, Stephen Pudiak was convicted of rape and sexual abuse.

Broome County District Attorney Paul Battisti says the 33-year-old had intercourse with a woman who was incapable of consent by reason of being physically helpless due to being asleep in August 2017. Pudiak also recorded the act. Evidence at trial confirmed the victim was unaware that the assault had occurred or that she was being recorded.

“This verdict sends a clear message that sexual violence will not be tolerated in Broome County,” said Battisti. “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.”

Pudiak is facing up to 25 years behind bars and 20 years of supervision after his release. He’s scheduled to be sentenced on May 6.