A Santa Clara County grand jury indicted ex-San Francisco 49ers player Ray McDonald on one count of raping an intoxicated woman. His former teammate Ahmad Brooks was also indicted with one misdemeanor count of sexual battery against the same victim.
Prosecutors say both men assaulted the same woman at a pool party late last year. The 49ers dropped McDonald from the team shortly after the incident, citing his poor judgment. The linebacker had been arrested in August 2014 on suspicion of domestic violence, but prosecutors declined to file charges.
The Chicago Bears drafted the troubled player, but dropped him in May after police arrested him for allegedly assaulting his ex-fiancé. He was arrested again that same week for violation the terms of his restraining order, but posted bail each time.
Grand jurors also indicted him for flouting his court-issued stay-away order, which carries a maximum sentence of a year in jail, but not for the May 25 fight that caused it. The District Attorney’s Office accused McDonald of felony false imprisonment and other domestic violence charges, but will dismiss that complaint unless new information comes to light.
This week’s indictment is expected to be followed by yet another arrest for McDonald. If convicted of his latest charge—of raping a passed-out woman—the 30-year-old NFL linebacker could spend as many as eight years behind bars.
A few months ago, McDonald sued the alleged victim for defamation by accusing him of the attack. But a Santa Clara Superior Court judge dismissed the case in June, saying McDonald couldn’t prove that the woman spoke to anyone besides police. Statements to law enforcement are considered protected speech.
The woman filed a counter suit claiming assault and battery, intentional infliction of emotional distress, negligence and imprisonment. In her lawsuit, she said said she slipped, fell and passed out for eight minutes. The combination of a head injury and the alcohol lulled her in and out of consciousness. She said she doesn’t remember having sex, but that Brooks groped her and McDonald took her up to his room.
According to ESPN, McDonald claims that security camera footage depicts a consensual encounter in his hot tub. The woman claims otherwise, that it shows a lack of regard for her safety.
McDonald is due in court on Sept. 25 to enter a plea. Brooks, who faces up to six months in jail, will be arraigned at a later date.