Grand jury indicts former 49er Ray McDonald on rape charge

Ex-49ers defensive end Ray McDonald was indicted Wednesday by a Santa Clara County Grand Jury on one count of raping an intoxicated woman after a party he hosted in December, the San Jose Mercury News reported.

The announcement came Wednesday, August 26, 2015, with the indictment stemming from an incident last December. 15 at McDonald’s home. In the same case, current 49ers linebacker Ahmad Brooks was charged by the Santa Clara County District Attorney’s Office on misdemeanor sexual battery against the same woman.

Brooks had been with his teammates in Englewood, Colo. for joint practices with the Denver Broncos.

McDonald’s lawyer could not be immediately reached for comment, nor could Brooks’ attorney. The woman also sued Brooks for sexual assault in March, pushing for a jury trial for damages due to assault and battery, negligence, intentional infliction of emotional distress and false imprisonment. The Bears released McDonald following his arrest. Brooks is alleged to have groped her in a sexual manner, thus leading to this charge. McDonald could be sentenced to up to eight years in prison if convicted, while Brooks could face up to six months in jail.

According to the woman’s lawsuit, she had no idea until she met McDonald that night at a Willow Glen bar that he was a professional football player. He will be arraigned at a later date, according to the DA’s office. The incident caused the 49’ers to release him, with the team citing a series of poor decision-making as the reason for the decision.

He had started 60 straight games under fourth-year coach Harbaugh before being benched for a 24-13 loss at Oakland because he missed a team meeting.

He also was benched November. 16 for the second half of a 16-10 road win against the Giants for heated words he directed at defensive line coach Jim Tomsula – now the Niners’ head coach – in the second quarter.