Livingston man found guilty of raping unconscious woman

A 37-year-old Livingston man faces up to eight years in state prison following his conviction for raping an unconscious woman.

Roberto L. Silveira was found guilty late Friday by a Merced Superior Court jury of raping an unconscious person and raping an intoxicated victim, according to court records.

Silveira was taken into custody following the verdict and booked into the Merced County Jail without bail. Judge Ronald W. Hansen ordered Silveira to return to court Oct. 3 for sentencing, according to court records.

The judge could sentence Silveira to probation in lieu of jail time or up to eight years in prison. Silveira will be required to register as a sex offender for life, according to Matthew Serratto, the deputy Merced County district attorney who prosecuted the case.

Efforts to reach Silveira’s attorney were unsuccessful.

Prosecutors said Silveira raped a 23-year-old woman Dec. 30, 2012, after she passed out at his Paradise Drive home in Livingston. Investigators said the rape occurred while Silveira’s girlfriend and their young child were also in the home.

Officials said the victim had been drinking the night before with Silveira and others and was not conscious when Silveira came into the bedroom where she was staying.

The following morning, Silveira’s girlfriend and the woman reported the attack to the Livingston Police Department, authorities said.

Silveira denied any wrongdoing, saying the woman was conscious and asked him for sex, authorities said.

Prosecutors said Silveira’s story changed at least once over the course of the investigation. He initially told police the woman had been unconscious, but on the witness stand adamantly denied sexually assaulting the victim.