Ray McDonald Sexual Assault Investigation: Latest Details and Findings

Conflicting reports have emerged regarding former San Francisco 49ers defensive end Ray McDonald and whether he will be charged for an alleged sexual assault that occurred last December. McDonald also plans to sue the woman who accused him of rape.

Continue for updates.

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McDonald to Sue Accuser

Monday, March 16

"Determined to clear his name of rape allegations and resume his stalled football career, former 49ers defensive lineman Ray McDonald is suing the woman who accused him, claiming she defamed him and intentionally interfered with his livelihood," reported Tracey Kaplan of InsideBayArea.com. Kaplan added:

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The lawsuit, set to be filed Monday morning, comes as McDonald has been trying unsuccessfully as a free agent to get a team to sign him.

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Three months earlier, he had been arrested on suspicion of domestic violence, though county prosecutors decided not to file charges against him, citing insufficient evidence in a case where the alleged victim, his pregnant fiancee, refused to cooperate with investigators.

In a news release sent to this newspaper Sunday, McDonald's lawyer Steve M. DeFilippis said he expects prosecutors to eventually announce they are not pressing charges. But they haven't done so yet, he notes, despite videotapes from McDonald's home-surveillance system show the woman having "clearly consensual" sex with him in his hot tub.

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"In the eyes of the NFL teams, the unresolved threat of charges being filed against him, even though factually unfounded, continues to present a roadblock to this remarkable athlete being able to move forward in his career," according to the release, courtesy of Kaplan. "This lawsuit is intended to vindicate him ... and return his good name."

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Conflicting Reports Surround Sexual Assault Investigation

Thursday, March 5

Tom Condon, who represents the 30-year-old defender, sent a letter to teams stating the charges won't be pursued, per NFL Network's Ian Rapoport. However, Eric Branch of the San Francisco Chronicle reported that the District Attorney's office said the investigation is ongoing.

The D.A. offered a statement, via Branch: "The district attorney’s office has made no decision on the most recent Ray McDonald matter. When the investigation is complete, this office will release our findings publicly or through publicly filed charges.”

Rapoport notes McDonald's legal team was made aware of the decision even though it hasn't been officially announced:

The 49ers announced the decision to release McDonald on Dec. 17 after he was considered a suspect in a sexual assault investigation. General manager Trent Baalke told the team's official site a "pattern of poor decision-making" was the reason.

"While this organization has a strong belief in due process and has demonstrated that over time, Ray has demonstrated a pattern of poor decision-making that has led to multiple distractions for this organization and this football team that can no longer be tolerated," Baalke said.

He was previously under investigation by the Santa Clara District Attorney's office for an alleged case of domestic violence after an Aug. 31 arrest last year. No charges were filed for that incident, either.

Lindsay Jones of USA Today reported on the claims made by the accuser in the sexual assault case:

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The woman who has accused former San Francisco 49ers defensive lineman Ray McDonald of sexual assault told police she believes it happened after she fell by McDonald's pool, hit her head and was knocked out, according to a search warrant affidavit filed in Santa Clara (Calif.) County Superior Court.

The woman told police she woke up naked in McDonald's bed but with no recollection of a sexual encounter. She said McDonald was at first reluctant to tell her what happened the night before but eventually admitted they had sex.

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McDonald has remained a free agent since being released by San Francisco. Whether or not being cleared will lead to renewed interest from around the league remains to be seen. That's clearly the hope from Condon by sending out the letter, though the statement from the D.A. puts that into question.

The veteran spent eight seasons with the 49ers after being drafted in the third round of the 2007 NFL draft. In 115 career games, he's registered 210 tackles and 19.5 sacks.