A husband in Fort Collins, Colorado, USA, faces a charge of sexual assault and one count of domestic violence harassment for allegedly having sex with his wife while she was sleeping and unable to give her consent.
An arrest affidavit filed by Fort Collins police officer Jon Holsten said the woman on March 11 reported being awakened about 30 times over the last year to find her husband having sex or oral sex with her. The woman told police she confronted her husband several times, told him she felt like she was being raped and wanted the behavior to stop. The woman told investigators that her husband took advantage of the fact that she was an extremely hard sleeper, according to the arrest affidavit.
The accused man’s next court appearance is scheduled for May 8. He is free on $10,000 bond.
Colorado law considers that a person is unable to give consent to sexual conduct if asleep. Marriage does not automatically imply consent.