SALEM – A Level 3 sex offender from Salem, who previously spent nearly 20 years behind bars for a rape conviction in 1985, has been indicted for raping and sexually assaulting a woman in Peabody last month.Stephen Foley, 49, of 13 Parlee St., Salem, stands charged with two counts of rape and two counts of indecent assault and battery on a person over the age of 14, crimes that could put him back in prison for up to 50 years.The charges arise out of an incident in Peabody on Aug. 22 when he allegedly raped a 42-year-old woman from Salem in a home on Fulton Street.The victim told police she had gone to the mutual friend’s home in Peabody for a gathering. She fell asleep and awoke to find Foley apparently engaging in various sexual assaults on her without her consent.Foley was convicted in 1985 of raping a Salem State College student and raping another girl. He was sentenced to serve 19-and-a -half to 20 years in state prison.He has been classified as a Level 3 offender, which means state officials believe he is likely to re-offend.Prosecutors tried to have him committed as a sexually dangerous person, but following a medical report it was determined he did not suffer from any mental illness and therefore the statute did not apply to him, said Assistant District Attorney Kristen R. Buxton, who is assigned to prosecute his new case.Each of the rape charges carry up to 20 years in state prison and each of the indecent assault and battery on a person over age 14 charges carry up to five years in state prison.Also indicted was Chris Martinez, 38, of 9 Henry Ave., #1, Lynn, charged with distribution of heroin, second offense, concerning his arrest in Lynn on July 12 when he allegedly distributed heroin. Because he previously was convicted of drug distribution, he faces a minimum mandatory punishment of five years in state prison.