EL DORADO, Kan. (AP) — A federal judge rules that a woman’s lawsuit over an alleged rape while she was being held in the Butler County jail will move forward.

U.S. District Judge Eric Melgren on Wednesday rejected a former Butler County jailer’s request to dismiss the lawsuit.

Charles Chaney III argues in a court motion that he and the female inmate had consensual sex.

Melgren found the question of whether the sex was consensual is a “genuine issue” in the case.

The woman alleges in her lawsuit that Chaney raped her in the jail library while she was an inmate in July 2015.

Chaney is on the state sex offender registry with three counts of misdemeanor sexual battery.