*** The turf war has begun and it won't get any prettier. Lot's of uncomfortable angst ahead...beware of ethical dilemmas. No spoilers ***

Monday 7:10 am

Marshall was really surprised to see her there earlier than him and checked the clock on the wall against his watch again.

"It's right," she said with a half smile, "I couldn't sleep and I'm just early." She looked tired and pensive.

"Bad night?" he asked.

"Just weird." she returned. A few minutes later, she started to ask, "Have you ever had…never mind." She shook her head and turned to her work.

"What?" he said, sensing it was a question that had been rolling around in her head for a while this morning.

"Nothing…it's random shit." she waved it off.

About twenty minutes later, he noticed she was just staring at her desk with a look of stress on her face. "O.k…out with it. What's bugging you? You're not getting anything productive done over there so talk to Dr. Mann." Marshall prodded her.

Mary eyed Eleanor and looked back over at Marshall, chewing on her bottom lip. "I'm not really comfortable…" she trailed of as she discreetly jerked her chin towards Eleanor. He narrowed his eyes at her thoughtfully. Mary had never been uncomfortable about discussing a topic in front of anyone. "Odd." he thought.

"Hey Mare, you hungry? There's a new greasy spoon I want to try for breakfast." he stated a bit overly loudly, winking at her.

"Oh yeah! I'm ravenous. I'll go with you!" She grabbed her jacket and followed him out the door.

In the elevator she said, "I hope we're really gonna go eat because I really am hungry." He laughed.

-----

"So…." he prompted her as they began the drive to their favorite greasy spoon.

"Have you ever had sex with a woman while she was sound asleep?" she asked point blank. More comfortable now that it was just her and Marshall.

He blinked a few times and looked at her like she was crazy. "What? Why? Is this theoretical?"

"Just answer the question, numbnuts! It's not complicated." she was embarrassed now.

"Well, it is kind of complicated. Am I initiating contact to wake her and then have sex? If she doesn't wake up do I not have sex? Did she tell me I could have sex with her while she was asleep?...there's a number of scenarios here." he elaborated and she got irritated.

"For Chrissake, Marshall," she pleaded, exasperated, "she's sound asleep and doesn't wake up through the whole process. And she doesn't know it's happening because she was never asked."

Now he was confused, "How does she not wake up? It's kind of aerobic if I'm remembering correctly."

She couldn't believe this was turning into a debate, narrowed her eyes at him and snarled, "She doesn't wake up because he's careful and she's a really sound sleeper. Just go with that."

He suddenly had a sneaking suspicion as to where this was coming from, but played along because he hated to make assumptions with Mary. "No, I haven't"

She probed, "Haven't because you never had the opportunity…or haven't because you wouldn't?"

"Because I wouldn't." he said definitively

"Why?" she pounced, turning slightly in her seat to look at him.

"Where is this going?" he asked and she glared at him and warned, "Marshall…just answer the fucking question!"

Now she was swearing and he knew to just do what she wanted. "I wouldn't because it doesn't seem like it would be much fun…kidding, I'm kidding!" he covered when she punched him and glared, "I wouldn't because I was raised to ask permission before taking that kind liberty with a woman…awake or asleep. It would be like having sex with a woman who was passed out. It's just not right on a number of levels. Technically, it would be a type of rape, I suppose, since you didn't have permission."

Now she was doubly disturbed and grimaced. "Rape is an ugly word. If you had an ongoing consensual sexual relationship with this someone, I wouldn't say it would be rape. Would you do it then?"

She saw Marshall's jaw clench and he pulled the truck over to the curb and put it in park. Her last question sealed his conclusion and he turned in his seat and looked at her hard and demanded, "Is Raph having sex with you when you're asleep?"

She threw her hands in the air and announced with displeasure, "Apparently! I found out about it early this morning." She was relieved he had guessed and she didn't have to say it.

He was incredulous, "He told you?"

"No…I woke up in the midst of…the action…so to speak." She thrust her jaw out, nodding.

He sat back and rubbed his forehead with one finger. "Mary…I find that so…disturbing."

"You find it disturbing. You didn't wake up being bounced off a mattress at three a.m!" Marshall grimaced. Mary was irritated which meant she gestured widely as she talked, "And then he tells me that he only does it sometimes because I'm so tired and he doesn't want to wake me. Marshall, you know I sleep like the dead when I'm not on watch. You've tried to wake me. This has probably been going on for quite a while… What the fuck?" the question was rhetorical and she continued, "So…here's my dilemma: I'm upset, but I don't know if I should be upset. He's not upset…seemed perfectly fine with it. Really, no one's being hurt so…I don't know what to think. Is it o.k.? Am I overreacting? Should I be upset?" She waited for his response.

"Well, now I'm upset." He said, looking stressed. "It just seems…sneaky…wrong. You're not a goddamn toy, Mary. He shouldn't…he can't…treat you like a thing. It would be one thing to start something in order to wake you, and then have sex…but to just do it without even asking…" His brow was furrowed as he rubbed his forehead harder and she was suddenly feeling bad about bringing the whole topic up.

"Jesus, Marshall, I didn't really mean for this to bother you so much." She griped, "I just wanted to get a male perspective."

He shot her an exasperated look while saying, "You're agitated which means I get agitated. You may not have noticed, Mare, but that's kind of how we work. Sick and twisted as it may be." He turned to face her again and squinted his eyes as he asked, "Do you want him to have the liberty of having sex with you when you're asleep? Are you trying to decide whether to give him that permission?" He couldn't imagine his partner allowing that to occur as it would relinquish control.

She looked at him like he was insane and shot back, "Fuck no! It makes me squirm just thinking about it. I want it to stop."

Marshall pointed his finger at her, "Then you tell him to stop. He doesn't get to make this decision no matter how he feels about it." He was very serious and Mary knew not to argue.

She held her hands up in surrender, "Already did…told him this morning he can't do that anymore. I'll reiterate my position tonight." Her partner still looked agitated and was staring at her as though he was trying to decide if she was being serious about this. "I promise. Are you o.k.?"

"Are you?" he asked her with raised eyebrows.

"Pissed, but otherwise fine, yes." She shrugged her shoulders. "If it's upsetting to me, I'm sure he won't do it anymore. Can we go eat now?"

He blew out a breath and said, "Sure" as he pulled away from the curb. She could tell he was still irritated and felt bad for bringing the whole subject up. But, she did feel better that her feelings were validated. She and Raph would have to have a little heart to heart about this one.

Marshall was more than irritated…he was severely pissed. He couldn't get the image out of his head of a sleeping Mary being…well…violated by Raph. There had been times during their travels that Marshall would literally sit Mary up on the side of the bed in the course of trying to wake her when she'd get into those deep sleeps. She slept like she did anything else…with gusto. He could see how easy it would be for the man to…he shuddered. The fact that Raph didn't see anything wrong with it angered him also. It was disturbing and confusing. He could understand why Mary was conflicted. As far as he was concerned, she needed to put a stop to it immediately. He knew Mary often struggled with whether to strangle her washed up ball player or treat him with kid gloves. Personally, Marshall was pretty sure he'd like to hit a line drive right into the man's crotch. He grunted in release of some frustration.

Mary looked over at him, concerned with his brooding. "You need to let it go, buddy." she warned teasingly, "you can't beat him with a baseball bat. It's messy and I'd make you clean the carpets."

Her partner had to grin as it was uncanny how well she had read him. He sighed and reassured her, "Just had to invent some scenarios to make myself feel better. I think I'm done now." He smiled at her. She returned it with gratitude.

Raph promised he wouldn't have sex with her while she was sleeping for the third time by Friday night. She had woken up Wednesday morning and Thursday morning with him wrapped around her and in her and was intensely angry now. "Raphael…I am telling you not to do it anymore…how can I make this any fucking clearer?! Listen to me…unless my eyes are open and I'm talking to you, you do not have sex with me."

"But Mary, I don't understand…you never seemed to mind before. I'm not hurting you…I'm always very gentle. I would never hurt you!" He looked at her pleadingly. He didn't know where this was coming from all of a sudden and he felt somehow chastised like a little child. His fiancée…his lover.. was telling him he couldn't touch her unless it was on her time and that he was wrong even though she had not suffered a single ill effect.

She was getting furious and raising her voice, "I never minded before because I was ASLEEP! It's not right, Raph…you have to ask!" Since she had been sleeping very lightly recently, and after every episode would not be able to fall back to sleep, she was becoming sleep deprived and very irritable with everyone. "I'm not getting into this bed with you until you promise…and I mean really promise." She almost had tears in her eyes and Raph realized she was very serious. He was going to have to play by her rules again and it stuck in his craw, but he apologized all the same as he always did.

"I promise. I swear I won't do it anymore. I'm sorry." He seemed contrite and nearly tearful and she felt a little bad for yelling at him.

"O.k…thank you." She climbed into bed and leaned over to kiss him and he pulled her on top of him and pulled her pelvis against his. She pushed herself up and slid off, "Raphael…really?"

He looked hurt and said, "Mary, please? You have time for everyone but me…please give me some of you too? I've been lonely with you coming home late and going in early. Is it so awful to be with me?" He knew how to lay on a guilt trip.

It worked and she again felt horrible and guilty. Here was her fiancé pleading with her for sex and she felt like the biggest heel on the planet because she didn't want to have it. Maybe it was because he had violated her trust…maybe it was because he was still fixing the walls when she had repeatedly told him no. Whatever the reason, she knew she needed to get over it because the relationship was jeopardized and that part of her that craved normalcy won. She took a deep breath and smiled and said, "Of course it's not awful, Raph. You're a wonderful lover." He pulled her back over and she let him.

She was still lying awake two hours later as Raph snored lightly beside her. He placed an arm over her abdomen and she pushed it off. For the first time in her life, she had not enjoyed sex…at all. She went through the motions and tried to find some pleasure in it, but at the end she just felt empty. "Why is this becoming a battle?" she wondered. She finally fell asleep and was awoken by Raph about four hours later. He made sure she was awake before asking her to make love. She said no, but he kept prodding and cajoling until she finally gave in and let him. She couldn't deny she had her eyes open and was talking to him…the exact conditions she had set. It was impossible to fall back asleep afterwards and she looked at the clock…5:00am. "Guess I'll get in an early run" she thought as she drug herself out of bed.

By Monday morning she was exhausted. She had taken her mother to an antiques show Saturday afternoon and when they got home, Raph and Brandi were in the midst of fixing some bookshelves that had been destroyed by the FBI. Mary threw a fit and kicked them both out of the house for the rest of the afternoon. Brandi ended up at Peter's, but Raph came back drunk around eleven. She was sound asleep and he crawled into bed and proceeded to wake her up and initiate sex. Again, she protested but again gave in after thirty minutes of attempts, whining and groping so that it would be done and she could go back to sleep. Sunday evening, after fighting with Raph about her job and her hours and taking crap from her sister and mother about how badly she treated the man, she tried a preemptive strike and initiated the lovemaking around 9 pm. Raph was so pleased, and she was enjoying herself again. He wanted to try some new things and that was fine, but by 11:00 she was getting tired and started to tease him to wrap it up. He pouted and said he wanted to show her something else and she asked for another time. He looked irritated and was uncharacteristically rough as they finished. Again, the wake up call around 3am…again she just let him and ultimately she lay awake afterwards. She was in the office by 7am Monday morning.

Marshall came in about 7:30 and Mary was already at her desk doing paperwork. This was three times in the last week…he was sure there was some disturbance in the universe causing this to happen and asked, "Who are you and what have you done with my partner?" as he chuckled.

She glanced over at him and he realized how tired she looked. Not just I-had-a-bad-night tired, but more of the I've-run-out-of-sleep-meds tired. She replied to his quip, "She spent a long weekend with people who won't listen to her, keep leaving their shit all over the place and want to stay up till all hours of the morning "studying"." She finger quoted, lying to him. The truth would've been too personal and he'd get upset.

"Brandi studies?" Marshall was amazed…of course Marshall was amazed Brandi could even read. He then remembered their discussion about Raph and asked, "Did you and Raph work that thing out?" He was staring at her intently. It had bothered him for a couple of days for reasons he was still trying to pin down. He just needed to know it was not going on anymore in order to rest easy.

She didn't look at him as she replied because she knew he'd know she was lying, "Yep. He doesn't do it anymore. Problem solved." She went back to scribbling and he was suspicious. "Mary…" he warned. Marshall knew evasive when he saw it.

She tossed her head and huffed at him as she turned to face him, "He quit, o.k.? Geez…we're still fighting about my job and my hours and you."

"Me?" said Marshall, thinking this was new, "What the hell have I got to do with it? Did you tell him we talked about it?"

"Jesus, Marshall, no! He thinks we spend too much time together and I told him where to shove that little thought. He's really stuck on wanting more of me for himself." She sighed and shook her head. "I think he's just having a hard time making the transition of me going back to work. It'll get better." She sounded like she was trying to convince herself more than anyone. Marshall let it drop and she was glad.

Eleanor and Stan came in around eight and the rest of the day was busy. Mary left around six and Marshall said, "Get some sleep, Mare." She snorted a laugh as she walked by and said, "Right." He watched her walk to the elevator and thought, "Something's not right."

There was another new area of dry wall when she got home and she went into her room and cried in frustration. When she was done with that, she came out and yelled at Raph in frustration. He stormed out and she went to bed. He was back by midnight and horny from drinking. She refused, still angry and they got in another shouting match. She banished him to the couch, but he crept back in a few hours later and curled around her as she was sleeping. She woke up with him in her and he begged her to let him finish. She banished herself to the couch afterwards and laid awake until morning.

Tuesday evening she had a plan. She took Raph out to dinner and was focused on having a nice time with him. They came home and she sat down on the couch and talked to him about the night before. She had rehearsed it in her mind so she could remain calm and rational. "Raph," she began, taking his hand in hers, "I know you love me and would never hurt me, but what you did last night hurt me. Not physically, but you violated my trust. I have to be able to trust that you will not do that anymore because it's really keeping me from enjoying the times we spend making love that are usually so wonderful. Does that make sense?" she was trying so hard to keep her words even and her expression gentle. This was not her forte and she really just wanted to smack the crap out of him.

"I'm so sorry, Mary," the puppy dogs eyes were out again as he apologized, "I guess it's just that you tell me 'no' about everything…helping pay bills, fixing the house, telling me where you are or will be...I think that when you tell me 'no' for sex it's just that one more thing that makes me crazy. I don't think I'm explaining it well." he sighed.

She was a bit irritated with his response. It sounded like it was becoming a turf war and he was trying to exert some control. "Raphael, you can't just do something to spite me when I tell you 'no'. Especially that. You already keep fixing up the house when I say not to and that makes me crazy. There are some things where 'no' means 'no', and sex is one of them. Stop fixing the house, then I won't be so angry and less likely to say 'no'. O.k.?"

He touched her face and said, "Mary, I would do anything for you." She smiled and kissed him and they had a wonderful time on the couch. He woke her later in the bedroom and she said 'no' and he kissed her and went back to sleep. She was happy the tactic had worked and was able to get the first good night's rest in a week.

*** I'm exhausted just writing it. Raph is so passive aggressive and Mary does not deal with that well. Stay tuned and please write reviews...I love them! ***