Prosecutors have dismissed rape charges against former San Francisco 49er Ray McDonald after the alleged victim refused to testify.
Judge David A. Cena dismissed the felony charges Monday morning in Santa Clara County Superior Court after the accuser's refusal to offer testimony. It is unclear at this point whether the woman received any kind of financial settlement from McDonald.
“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,” Deputy District Attorney Chris Lamiero said.
A Santa Clara County grand jury in 2015 indicted former San Francisco 49ers lineman Ray McDonald on one count of rape of an intoxicated person. The indictment stemmed from a Dec. 15, 2014 incident that took place after a pool party at McDonald's home in San Jose.McDonald pled not guilty in Sep. 2015.
The San Francisco 49ers released Ray McDonald on Dec. 17, 2014 after San Jose police revealed the defensive lineman was under investigation for an alleged sexual assault.
Police were called to a hospital on Dec. 15 regarding a "possible sexual assault victim" who was receiving treatment. Officers spoke to the woman, and she told them she was "possibly assaulted." The preliminary investigation revealed the alleged suspect to be Ray McDonald, police said.
Court documents detailing sexual assault allegations against McDonald show the woman claims the encounter happened at his home after they drank together at a bar in San Jose and she injured her head in a fall near the player's swimming pool.
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If convicted, McDonald would have faced up to eight years in prison.
