SANTA CLARA (CBS SF) – A rape charge was dropped against former San Francisco 49ers star Ray McDonald Monday after his alleged victim refused to testify against him, according to prosecutors.

The Santa Clara District Attorney’s Office submitted their intentions to drop the charge to Superior Court Judge David A. Cena who then dismissed the felony count.

Prosecutors said a charge of violating a restraining order in the case was still scheduled to be heard on May 26th at 10 a.m.

The charge stemmed from an alleged incident that occurred Dec. 15, 2014 after a party at McDonald’s San Jose home.

The woman said she slipped and fell on a pool deck at McDonald’s home and continued to fall after that because of her initial head injury and alcohol consumption. She accused McDonald of carrying her upstairs to his bedroom and sexually assaulting her.

If he had been convicted, McDonald could have faced a maximum of eight years in prison.

Following his arrest, the 49ers cut McDonald citing a “pattern of poor decision-making.”

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