The accuser told police that she fell and hit her head on the ground near the pool at McDonald’s house and does not remember the sexual encounter, which police say took place in McDonald’s home in San Jose on Dec. 14, hours after the 49ers lost 17-7 to the Seattle Seahawks. No charges have been filed in the case.
The 49ers released McDonald in December, citing his "pattern of poor decision-making.” McDonald was also arrested and accused of domestic violence in August but was not charged in that case. He has yet to sign with a team during free agency.
McDonald's lawyer, Steve M. DeFilippis, told the San Jose Mercury News that McDonald could lose out on playing football this year unless authorities announce they will not pursue charges.
The lawsuit against McDonald's accuser is expected to be filed on Monday.
"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," a press release to the Mercury News said. "This lawsuit is intended to vindicate him ... and return his good name."
A search warrant detailed the night in question, with the woman telling authorities that she had been drinking with friends and McDonald that night and awoke the next morning naked and next to McDonald at his home. The lawsuit says that parts of the sexual encounter was captured on McDonald’s home video security system.
- Scooby Axson