ACoffee County man has been charged with rape for allegedly having sex with his wife while she slept and then telling her it was all a dream when she confronted him about it.

The suspect, Benjamin Kyle Payne, 31, is charged with rape for an incident that allegedly occurred earlier this month while they were sleeping in the same bed. According to the warrant, the couple had been struggling with their relationship leading up to the incident and are going through divorce proceedings.

“Mr. Payne decided to have (sex) with her,” the warrant begins. “He did not attempt to gain the victim’s consent.”

The warrant goes on to say that Mr. Payne took advantage of the knowledge that his wife was a heavy sleeper and that it is suspected the incident in question was not the first time the non-consensual actions had occurred.

“The victim vaguely remembers a similar instance but when she asked Mr. Payne he insisted it was just a dream,” the warrant revealed.

Mr. Payne ended up admitting to the incident when questioned by investigators. “Mr. Payne admitted to having sex with the victim while she was sleeping and that he knew he shouldn’t have,” the warrant concludes.