Ray McDonald indicted on rape charges by grand jury, Ahmad Brooks charged with sexual battery

A Santa Clara County grand jury has indicted former 49ers defensive lineman Ray McDonald on one count of raping an intoxicated woman following a party at his house in December, per the San Jose Mercury News. San Francisco linebacker Ahmad Brooks has been indicted for one count of misdemeanor sexual battery against the same woman at the same party, as well. McDonald faces up to eight years in prison if he is convicted of rape, and Brooks could be behind bars for six months.

McDonald, 30, sued the victim for defamation of character after the 49ers had released him last December. According to the victim, McDonald carried her to his bedroom and had sex with her after she had passed out by his pool. The victim told law enforcement she didn't pass out from drinking too much, but rather because she slipped and fell on what she described as a "negligently maintained, dangerously slippery deck." She said she regained consciousness a couple of times in the interim, but fell down several more times as well. The woman's lawsuit says Brooks, 31, groped her in a "sexual manner" while she passed out from one of the falls.

In his lawsuit, McDonald said the victim exaggerated her allegations, and lied to cover up that she had sex "several times" with him the next day. The woman's police report does not mention whether that happened.

The grand jury also indicted McDonald for violating a domestic violence restraining order in late May. He could serve up to a year in prison for that misdemeanor charge.

The December incident was McDonald's second domestic violence arrest in five months, as authorities apprehended him last August for allegedly attacking his fiancee. No formal charges were ever filed in that case, and law enforcement eventually dropped it.

The Bears signed McDonald to a one-year contract in March, but released him in May following an altercation he had with his fiancee while she was holding their young child. San Francisco general manager Trent Baalke said Wednesday night the team is aware of the charges against Brooks, and he won't play in Saturday's preseason game.