GARFIELD, N.J. -- A Garfield man who brought a woman home and then had sex with her while she was passed out will be sentenced to five years in prison after pleading guilty to first-degree rape.
Adam Niemira, 29, must serve at least four years and two months of the sentence under his plea deal after which authorities said the Polish national will likely be deported.
If he remains in the country, Niemira will be subject to the state Megan’s Law sex offender registry, to parole supervision for life, and to a Nicole’s Law order permanently banning him from ever contacting the victim. He also must submit a DNA sample to the national offender’s DNA database.
Questioned by defense lawyer Jerry Kuzemczak in a Hackensack courtroom on Oct. 19, Niemira said he met the 26-year-old woman at a party where people were drinking heavily in August 2014.
At some point, he said, he invited her and two other people to his second-floor Woods Street apartment apartment, where they continued to party.
Niemira said he knew the woman was incapacitated when he climbed into a bed where she'd gone to sleep and began having sex with her.
"And you didn’t have her permission, did you?” Kuzemczak asked.
Niemira said he didn't.
He also said he stopped when the woman woke up but that he still knew he'd committed a crime.
Assistant Bergen County Prosecutor Demetra Maurice, chief of the Special Victims Unit, said other charges were being dropped in exchange for the guilty plea.
Superior Court Judge Judge Frances A. McGrogan set Jan. 22 for sentencing and told Niemira that he first must be evaluated at the Adult Diagnostic and Treatment Center in Avenel.
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