SALEM – A Level 3 sex offender who had completed nearly 20 years in state prison for a rape conviction in 1985, remains held without bail after allegedly re-offending in Peabody.Stephen M. Foley, 49, of 13 Parlee St., Salem, appeared for his arraignment Monday afternoon in Salem Superior Court, pleading innocent to two counts of rape and two counts of indecent assault and battery on a person over the age of 14, before Judge Timothy Q. Feeley.Assistant District Attorney Kristen R. Buxton filed a petition for a dangerousness hearing, maintaining that Foley poses a danger to the community and the victim and should be held pending trial.The hearing has been scheduled for Dec. 13.Foley remains held on no bail at Worcester House of Corrections.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 after she and some friends, including Foley, went out to a Salem pub on Aug. 22. They continued drinking afterwards and she said when she awoke after falling asleep she was naked and Foley apparently was raping her.Foley was convicted in 1985 of raping a Salem State College student. He received 191/2 to 20 years in state prison for the sexual assault. Foley also has a conviction for rape of a child.Foley is classified as a Level 3 offender, which means state officials believe he is most likely to re-offend.Prosecutors tried to have him committed as a sexually dangerous person, but after a medical report by Salem psychologist Dr. Robert Joss, it was determined he did not suffer from any mental illness and therefore did not fit the criteria for being deemed sexually dangerous and was released.If convicted, Foley faces up to 20 years in prison on each of the rape counts and additional time on the indecent assault and battery charges.
