Last we heard, former 49er Ray McDonald and his attorneys were attempting to level a defamation lawsuit against the 22-year-old woman who accused McDonald of sexually assaulting on December 14, 2014 at his South Bay home a suit that civil rights attorney Gloria Allred called purely an intimidation tactic. Now three months later, as ESPN reports, McDonald has been formally indicted on one count of rape of an intoxicated person. Also, fellow 49er and current team member Ahmad Brooks, whom the woman says sexually groped her while she was unconscious the same night of the rape, was simultaneously charged by the Santa Clara County District Attorney's Office with misdemeanor sexual battery.
As 49ers general manager Trent Baalke said in a statement, via NFL.com, "We take any charge against a member of this organization seriously and are in communication with the NFL. Ahmad is returning home to California and will not participate in Saturday's game." The 49ers were in joint training with the Broncos this week in Denver.
The incident, which occurred the night of December 14 following a 49ers loss to the Seattle Seahawks, occurred after McDonald and Brooks, along with some friends, met the woman and some of her friends at a San Jose bar. The group returned to McDonald's home, at which point the intoxicated woman fell and hit her head on a deck by the pool, and was apparently unconscious for eight minutes. Surveillance video seized from McDonald's house showed Brooks groping the woman while she was unconscious, after which McDonald can be seen carrying the woman to his bedroom, where the alleged rape occurred.
McDonald was subsequently dropped from the 49ers. He then signed with Chicago Bears in March, only to be released from that contract following new domestic violence allegations in May.
McDonald could face a maximum of eight years in prison, and he will be arraigned September 25.
Brooks could potentially face up to six months in jail.