SANTA CLARA (CBS SF) — Former 49er Ray McDonald is set to file a lawsuit Monday morning claiming that a woman, who accused him of rape last year, defamed him and intentionally interfered with his livelihood.
McDonald’s attorney, Steve M. DeFilippis, sent a letter to the San jose Mercury News on Sunday stating his account of what happened on Dec. 13 at his home when a woman told police she was allegedly assaulted after slipping near the pool and hitting her head. She said she later woke up in McDonald’s bed and that she didn’t remember anything.
DeFilippis said that there is video from McDonald’s home security system showing the two having consensual sex in a hot tub. It also states they went to a store together the next day and that they had sex several additional times after—also captured on the surveillance video.
If no such an announcement is made, McDonald, who has been trying unsuccessfully as a free agent to get signed with a team, will lose the ability to play professional football this year, DeFilippis said.
“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,” he said.
Last year, the Santa Clara District Attorney did not file charges against McDonald in connection with an earlier domestic violence incident with his pregnant fiancé citing insufficient evidence.
The 49ers faced scrutiny for allowing McDonald to continue playing in that case but after the rape allegations in December, the team acted swiftly and released him.
Monetary damages are unspecified.