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Probation handed down for man involved in sexual assault

One of two men charged with sexually assaulting a man they drank with early Thanksgiving morning last year will serve probation.

Julio Cesar Barboza-Rodriguez, 30, of Austin was sentenced to a stayed two-year prison term Friday in Mower County District Court for felony fourth-degree criminal sexual conduct of a mentally incapacitated person. As long as he follows 30 conditions, he’ll serve 10 years of supervised probation with credit for 163 days served. He must also register as a predatory offender. A second man involved, Victorio Bautista-Cruz, 40, of Austin, pleaded guilty to the same charge in March and is due for a July 6 sentencing. At 7:57 a.m. on Nov. 24, 2016, police responded to a sexual assault complaint on the 800 block of Fifth Avenue Southwest, according to court records.

They found an emotional adult male saying he’d been drinking, playing cards and listening to music with Barboza-Rodriguez and Bautista-Cruz when he blacked out and woke up to one of the men on top of him sexually assaulting him while talking to the other suspect.

He began hitting the suspects, who fled the residence. Police later found them in a car in northeast Austin.

The victim told police he’d met Rodriguez online and they met early on the morning of Nov. 24. Barboza-Rodriguez made several sexual advances, which the victim told police he rebuffed.

They drank quite a bit. Bautista-Cruz joined the two later, and he was the one believed to be sexually assaulting him.

Bautista-Cruz and Barboza-Rodriguez gave police varying accounts of the ordeal.

Eventually, Barboza-Rodriguez told police he and the victim engaged in sexual activity, though the victim was drunk but awake.

Then he told police the victim became upset when Bautista-Cruz got involved.

However, Bautista-Cruz told police he went to the residence to give Barboza-Rodriguez a ride and found many drinks and cigarettes around the residence.

Bautista-Cruz told police he was “just touching” the victim when he awoke, but he said Barboza-Rodriguez urged him to have sex with the victim but he did not.

The victim picked both men out of a police lineup.

Bautista-Cruz is scheduled for sentencing July 5.

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