Indianapolis Colts linebacker Josh McNary was charged with felony counts of rape and criminal confinement along with a misdemeanor charge for of battery resulting in bodily injury stemming from an alleged incident on Dec. 1. Charges were filed against McNary by the Marion County prosecutor on Wednesday.
According to court documents, the victim told police she met a man in a bar in Indianapolis and does not recall how or when she left the bar but eventually found herself inside the man's apartment. The victim told police she denied the man's sexual advances but he became more aggressive and the situation turned into a physical fight. Following an altercation, the man forced sexual intercourse, with the victim telling police she said no and to stop multiple times.
When the man left the bedroom to use the bathroom, the victim gathered her clothing and left the apartment. When she did, she took the man's cellphone with her. Police used the cellphone to determine McNary as the alleged attacker. The victim also showed police photos and videos from the night while a friend played a voicemail where a "female can be heard crying and becoming emotionally distraught."
When police went to McNary's residence, McNary replied "I know why you're here" according to court documents. McNary told police he preserved bedding because "I knew you would be coming." McNary also showed police clothing and said "that's her stuff right there."
McNary was taken into police custody on Wednesday night, according to a report from Fox59. The Colts released this statement:
"We are aware that there has been a report about Josh McNary, but unfortunately that's the limit of our knowledge. At this time we are very concerned and trying to find out what the relevant facts are, but we have insufficient information to venture any opinion. As we learn more we will make appropriate updates."
The 26-year-old McNary is in his second season with the Colts after playing collegiately at Army. He's appeared in 17 games this season, including both of Indianapolis' playoff games. McNary's agent declined comment, according to USA Today.