Former 49ers defensive lineman Ray McDonald wants to clear his name.
McDonald, now a free agent, was cut by the 49ers due to “a pattern of poor decision-making” after he was accused of rape in December. The accusation came three months after McDonald was arrested on suspicion of domestic violence against his pregnant fiancée.
No charges have emerged in either case (his fiancée refused to cooperate with investigators) and now McDonald, according to the San Jose Mercury News, is suing the woman who accused him of rape, “claiming she defamed him and intentionally interfered with his livelihood.”
The lawsuit was filed Monday morning and McDonald’s attorney Steve M. DeFilippis said in a news release that he “expects prosecutors to eventually announce they are not pressing charges.” Until prosecutors do so, DeFilippis says McDonald will not be able to play professional football this year.
"In the eyes of the NFL teams, the unresolved threat of charges being filed against him, even though factually unfounded, continues to present a roadblock to this remarkable athlete being able to move forward in his career," the release says. "This lawsuit is intended to vindicate him ... and return his good name."
According to DeFilippis, video surveillance in McDonald’s home shows the woman and McDonald having “clearly consensual” sex in his hot tub. Additionally, the Mercury News is reporting that “sources close to the investigation” have told the paper that “McDonald will not face charges.”
According to a court affidavit, the woman told police that the alleged assault took place after “she fell and hit her head on the ground near the pool at (McDonald’s) house.”
The woman told police the alleged attack occurred after she fell and hit her head on the ground near the pool at his house, leaving her with no memory of the rest of the evening, according to a search warrant affidavit. She contends she woke up the next morning naked in bed with McDonald at his Silver Creek home, and McDonald initially told her he let her sleep in his bed because she was tired. But she said she kept asking him what happened, and the former defensive lineman eventually told her they had sex.
McDonald’s lawsuit tells a different version. From the Mercury News:
“It claims the woman is lying to cover up that she had sex "several times" with McDonald, whom she had just met at the Willow Den bar in Willow Glen. It also contends the woman is seeking to exploit a national wave of similar incidents involving NFL players.”
“In the lawsuit, however, McDonald claims the woman was alert at all times and had no difficulty remembering the next day what had occurred that night. He noted, as does the affidavit, that she went to the store with him the next day to get more alcohol. McDonald also claims she had sex with him "several times" more that day, which was captured on his home video security system. Yet the woman refused to tell police whether or not they had sex that day, according to the lawsuit.”
“The lawsuit also claims that he left her alone at his house at one point, prompting her to call him several times. Those calls occurred in the presence of several witnesses, and "at no time" during the conversations did she seem upset, scared or accuse McDonald of any wrongdoing.”
McDonald was picked in the third round of the 2007 draft by the 49ers and played in 210 games – including 153 starts – for the franchise before being released. Overall, McDonald registered 153 total tackles and 19.5 sacks.
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Sam Cooper is a contributor for the Yahoo Sports blogs. Have a tip? Email him or follow him on Twitter!
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