A woman said that former San Francisco 49ers defensive end Ray McDonald sexually assaulted her after she spent time drinking with him and hit her head in a fall by his swimming pool, according to court documents.
The 49ers released McDonald last Wednesday, citing his “pattern of poor decision-making.” Last month, McDonald was not charged after an investigation into an alleged domestic violence incident at his home. Authorities dropped the case, citing lack of evidence to press charges.
The San Jose Police Department began investigating McDonald, 30, in this case after a woman accused him of a possible sexual assault earlier this month.
The woman told police that she does not remember the sexual encounter, which police say took place in McDonald’s home in San Jose on Dec. 14, hours after the 49ers lost 17-7 to the Seattle Seahawks.
According to an unsealed search warrant, the woman said she had been drinking with friends and McDonald that night. The woman told authorities that she awoke the next morning naked and next to McDonald at his home.
The woman stayed the next day with McDonald and had drinks with him and 49ers teammate Aldon Smith, who is currently on probation after pleading no contest to weapons and drunk driving charges. McDonald then admitted a sexual encounter occurred.
Police also set up a text-message exchange between McDonald and an investigator to get him to discuss what happened that night.
“I don’t understand why you’re bothered. U chose to stay with me another day,” McDonald texted, according to documents. “I didn’t do anything wrong. Ok so now it seems like you’re trying to set me up.”
Police executed a search warrant on McDonald’s home the day before the 49ers released him. McDonald told authorities that the entire incident was captured “on his internal video system and was on his DVR in his room.”
McDonald has not been arrested nor charged in the case.
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