A 44-year-old man was charged with sexual assault after he tried to rape his children’s caregiver, Racine Police say.

The man was charged Monday by the Racine County District Attorney’s office with one felony count of second-degree sexual assault as a repeat offender. If convicted, he faces up to 40 years in prison and/or up to $100,000 in fines. We are not naming the man to protect the identity of his family.

According to the criminal complaint, a woman called the Racine Police on Sunday to report a sexual assault. When officers arrived, she told them she had been the children’s caretaker for about two months and was in the process of moving into the man’s home with her child. The man’s wife had been out of town for three days at the time of the alleged incident.

The woman told police that at approximately 3 a.m. Sunday the man came home clearly intoxicated. After asking if she put all the children to bed, the man went upstairs to his own room. The woman wasn’t sure what time she was woken up by the man. But she woke up when she felt his weight on her back because she was asleep on her stomach, the complaint reads.

The man fondled her breasts beneath her shirt. Despite her asking that he stop trying to have sex with her, she didn’t scream because did not want to wake up her child. After getting her hand free to smack his arm, the woman was forced to touch the man through his jeans.

She asked him once again to stop. He reportedly said: “What do you mean?”

He then got off her and went back upstairs. The woman said she didn’t call police right away because the man was intoxicated, and she didn’t want the children to know what happened. The man remains in the Racine County Jail on a $2,000 cash bond and ordered not to have any contact with the woman or her child. He will next be in court Nov. 30 for his preliminary hearing.