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READING, Pa. (AP) — A former Pennsylvania congressional aide is set for sentencing for indecent assault after prosecutors say he climbed into bed with another man and sexually assaulted him while he was asleep.

A Berks County jury in December convicted 56-year-old Timothy Smith of a misdemeanor count of indecent assault, but deadlocked on a felony count of aggravated indecent assault.

Smith worked as an administrative assistant for former U.S. Rep. Tim Holden.

Smith’s attorney has said his client was disappointed by the verdict and may appeal, but can’t do that until after Monday’s sentencing.

A 21-year-old man testified that he had been drinking at Smith’s Muhlenberg Township home in 2009 then awoke to Smith sexually assaulting him.

The Associated Press doesn’t generally identify victims of sexual assault.

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Associated Press