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Ray McDonald indicted on rape, Ahmad Brooks on sexual battery

A grand jury in Santa Clara County, Calif., indicted former San Francisco 49ers defensive end Ray McDonald on one count of rape and 49ers linebacker Ahmad Brooks on one count of misdemeanor sexual battery.
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A grand jury in Santa Clara County, Calif., on Wednesday indicted former San Francisco 49ers defensive end Ray McDonald on one count of rape and charged 49ers linebacker Ahmad Brooks with one count of misdemeanor sexual battery, reportsthe San Jose Mercury News’s Tracey Kaplan.

Both charges involve an intoxicated woman who was allegedly raped by McDonald after a Dec. 15 pool party at his San Jose home. McDonald sued the victim for defamation of character in March, but the lawsuit was dismissed in June after the woman filed a counter suit that said the alleged incident impaired her ability to work. The woman also sued Brooks for sexual assault in March, pushing for a jury trial for damages due to assault and battery, negligence, intentional infliction of emotional distress and false imprisonment.

McDonald, 30, faces a maximum of eight years in prison if he is convicted of the rape. He was set to be arrested Wednesday afternoon, reports the Mercury News. The grand jury also indicted McDonald for violating a May 27 domestic violence restraining order. That misdemeanor charge carries a maximum of one year in jail.

The 49ers released McDonald last December, citing a “pattern” of behavior. McDonald was cleared last November after an investigation into an alleged domestic violence incident at his home. He was also arrested last Aug. 31 on suspicion of felony domestic violence; after an investigation, the district attorney said it did not find sufficient evidence to press charges.

McDonald signed a one-year contract with the Chicago Bears in March, but was released by the team on May 25 after he was arrested that day for misdemeanor domestic violence and child endangerment in San Jose.

Brooks, 31, faces up to six months in jail. 49ers general manager Trent Baalke issued the following statement regarding Brooks on Wednesday night:

“The organization is aware that a misdemeanor charge has been filed against Ahmad Brooks stemming from a December 2014 matter. We take any charge against a member of this organization seriously and are in communication with the NFL. Ahmad is returning home to California and will not participate in Saturday’s game.”

The 49ers play the Broncos in Denver on Saturday in their third preseason game.

Mike Fiammetta