A former San Francisco 49er accused of raping a semi-conscious woman in 2014 will not face a jury because the victim refused to testify, Santa Clara County prosecutors said Monday.
Ray McDonald, 32, played as a defensive end for the 49ers from 2007 to December 2014, when the sexual assault allegations surfaced. He then signed a one-year deal with the Chicago Bears, but they cut him in May 2015 following domestic violence accusations.
McDonald and current 49ers linebacker Ahmad Brooks, 33, were indicted in August 2015 by a Santa Clara County grand jury for the alleged assault on Dec. 14, 2014, at McDonald’s home at the Silver Creek Valley Country Club in the Evergreen neighborhood of East San Jose.
McDonald had pleaded not guilty in September 2015 to charges of raping an intoxicated woman and violating a restraining order.
McDonald met the woman while out with friends at San Jose’s Willow Den bar on Dec. 13, 2014, and they went back to his home, where they continued to drink, according to the complaint.
Prosecutors said she slipped on a wet and poorly maintained deck at McDonald’s home.
After the woman became unconscious, Brooks allegedly groped her, a claim later corroborated by home surveillance footage, prosecutors said.
McDonald took the woman to his room and had sex with her without her consent, prosecutors said.
McDonald attempted to sue the woman, who he claims consented to sex and was alert during the act.
Santa Clara County Deputy District Attorney Chris Lamiero said in a statement:
“Despite my best efforts to convince the victim to testify, she refused. That is her legal right. … Regretfully, Ray McDonald will not face a jury for what he did that night. We are disappointed that he will not be held responsible.”
McDonald would have faced an eight-year prison sentence if convicted, prosecutors said.
In August 2014, McDonald was arrested for an alleged domestic violence dispute with his pregnant ex-fiancee, but did not face charges because of a lack of evidence, prosecutors said.
On May 25, 2015, McDonald was arrested for allegedly assaulting the same ex-fiancee while she held their baby but was released on bail the same day.
Two days later, McDonald was arrested on suspicion of violating a restraining order, which he was also charged with in the August 2015 indictment.
The 49ers released 28-year-old cornerback Tramaine Brock last week after he was arrested on suspicion of domestic violence. He was released on $50,000 bail.