A man who pleaded guilty to felony fourth-degree criminal sexual conduct with a mentally impaired/helpless victim was sentenced in Mower County District Court on Wednesday.

Victorio Bautista-Cruz, 41, of Austin was sentenced to a stayed prison term of two years. He must serve 10 years of probation, follow 34 conditions and pay $6,085 in fines. He received credit for 251 days served.

According to the court report, Austin police responded to a sexual assault complaint at 7:57 a.m. on Nov. 24 at the 800 block of Fifth Avenue Southwest. They found an emotional adult male saying he had been drinking, playing cards and listening to music with Bautista-Cruz and Julio Cesar Barboza-Rodriguez, 30, of Austin, when he blacked out and woke up to find one of the men on top of him sexually assaulting him while talking to the other man.

The victim told police he had met Barboza-Rodriguez online and they met early 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 have sexually assaulted the victim.

Bautista-Cruz and Barboza-Rodriguez began hitting the victim when he woke up and then fled the apartment. They left a pair of shoes and a sweatshirt at the residence, which cops saw later.

Police later found Bautista-Cruz and Barboza-Rodriguez outside a northwest Austin residence and arrested them. Both men 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.

He also 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, which he claimed he did not.

The victim was able to pick both men out of a police lineup.

Barboza-Rodriguez also pleaded guilty to felony fourth-degree criminal sexual conduct with a mentally impaired/helpless victim in March. He was sentenced to a stayed prison term of two years on May 5. He must serve 10 years of probation, follow 30 conditions and pay $6,085 in fines.