Former San Francisco 49ers defensive lineman Ray McDonald faces up to eight years in prison after a Santa Clara County grand jury indicted him on a charge of raping a woman in December.
According to records obtained by Tracey Kaplan of the Mercury News, McDonald was arrested at some point Wednesday and posted bail. The grand jury has also indicted 49ers linebacker Ahmad Brooks with misdemeanor sexual battery for acts committed against the same woman.
The unnamed woman, who has sued McDonald, claims she fell while attending a Dec. 15 party at McDonald's home and passed out. The woman said McDonald didn't call 911, and she passed out multiple times—and at one point Brooks "groped" her. Brooks will face up to six months in jail if convicted on his misdemeanor charge.
Then, before she fully regained consciousness, McDonald carried her to his bedroom and had sex with her, she alleged. McDonald has said the sex that night and the next day was consensual. The woman's suit does not mention whether the couple had sex the next day, though a police report in the case claims they did but notes she was not initially aware of what had happened while she was passed out.
McDonald, who has had multiple run-ins with the law in recent years, was released by the 49ers in December after the investigation became public. He was subsequently signed by the Chicago Bears, who released him after two months with the team because of a domestic violence arrest.
Brooks, a 2013 Pro Bowler, is the 49ers' projected starter at left outside linebacker. On Sept. 4, head coach Jim Tomsula said he expects Brooks to play in the team's season opener against the Minnesota Vikings, according to Eric Branch of the San Francisco Chronicle.
General manager Trent Baalke said the following in a statement (via Mike Garafolo of Fox Sports):
The organization is aware that a misdemeanor charge has been filed against Ahmad Brooks stemming from a December 2014 matter. 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.
Brooks may also be subject to discipline under the NFL's personal conduct policy, though it's likely that would happen after legal proceedings.
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