SANTA CLARA (CBS SF) – A grand jury in Santa Clara County has charged former San Francisco 49ers player Ray McDonald with raping a woman in his South San Jose home late last year.

According to a statement from the District Attorney’s office issued Wednesday, the grand jury indicted McDonald on one count of rape of an intoxicated woman. McDonald’s former teammate, 49ers linebacker Ahmad Brooks, was also charged with misdemeanor sexual battery against the same woman.

The charges stem from an incident during a party at McDonald’s home on December 15th. Soon after the incident, the San Francisco 49ers released McDonald from the team.

The woman, represented by attorney Gloria Allred in a defamation lawsuit filed by McDonald, said she fell and hit her head near McDonald’s pool. She said she didn’t remember anything until she woke up in McDonald’s bed the next day.

“Ultimately the testimony of the victim, that’s essential and that’s the core of the case,” said Santa Clara County Deputy District Attorney Chris Lameiro.

“Whatever the evidence may be, we’re absolutely convinced that a jury will believe that Mr. McDonald is responsible for raping the victim in this case,” Lameiro said.

Two months ago, a judge dismissed McDonald’s defamation lawsuit against the woman.

McDonald was also indicted by the grand jury for violating a restraining order during an alleged attack involving his former fiancée and their child in May.

In August 2014, the former 49er was accused of domestic violence against his former fiancée, who was pregnant at the time. Charges were dropped after the victim refused to cooperate with authorities.

If convicted, McDonald could be sentenced to a maximum of eight years in prison. Brooks faces a maximum of six months of jail.

49ers general manager Trent Baalke said in a written statement that Brooks will not play in Saturday’s preseason game against the Denver Broncos.

McDonald is scheduled to be arraigned in Santa Clara County Superior Court on September 25th.

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