Santa Clara County prosecutors announced today that they had charged 49ers linebacker Ahmad Brooks with sexual battery, while a grand jury handed down a rape indictment against former 49ers defensive end Ray McDonald.
The charges stem from a house party last December at McDonald’s San Jose home. The woman accusing McDonald of rape has filed a lawsuit against him (in March McDonald filed his own defamation suit against the woman, but it was thrown out), and from that lawsuit we know some of the horrifying details of the alleged crime. Via the San Jose Mercury News:
But the woman’s suit lays out a completely different version of events. Contrary to media reports, she contends, she did not pass out from drinking too much. Instead, she slipped and fell on a “negligently maintained, dangerously slippery deck” near McDonald’s swimming pool and struck her head, passing out for eight minutes. She also claimed the video shows that McDonald believed her to be dead. But instead of calling 911, he told others at the party that he did not want a dead woman to be found on his property.
In her lawsuit, the woman contended that after passing out by the pool, she regained consciousness but fell several more times as a result of both the head injury and her alcohol consumption. It claims that while she was unconscious from one of those falls, Brooks groped her in a “sexual manner.”
Then, before she fully regained consciousness, McDonald carried her to his bedroom and had sex with her, she alleged. McDonald has said the sex that night and the next day was consensual. The woman’s suit does not mention whether the couple had sex the next day, though a police report in the case claims they did but notes she was not initially aware of what had happened while she was passed out.
According to the Mercury News, the alleged assaults was captured on video by McDonald’s home security system.
While McDonald was released by the 49ers in the wake of the rape investigation—he was later picked up by the Bears, who dropped him after he was arrested on domestic violence charges in May—Brooks is a current player. He’s a very important one for the team too, considering that San Francisco’s linebacking depth was decimated during the offseason with the retirements of Patrick Willis and Chris Borland, and the release of Aldon Smith.
When many NFL teams were suspending or cutting players accused or charged—but not convicted—of crimes, the 49ers refused to do so after Ray McDonald was first arrested for domestic violence or after the first four of Aldon Smith’s arrests. Neither the 49ers nor the NFL has released a statement on the charges against Brooks, but it will be interesting to see if the team decides to let the legal process play out or not.