FORT WAYNE, Ind. (WOWO): A Fort Wayne man is charged with burglary and rape after a woman says a man raped her Sunday after breaking into her home.

Charles C. Marcum II, 47, was charged Thursday in Allen Superior Court according to the Journal Gazette. He is charged with burglary and two counts of rape.

Police responded at around 4 a.m. Sunday after a neighbor called police to report a man breaking into a home. The woman then told police she woke up and Marcum was on top of her. Court documents go on to say the woman’s son was also in the room.

Police say they found Marcum in a closet in the woman’s home.

A misdemeanor breaking and entering charge was dismissed in court Thursday.