According to the San Jose Mercury News, court documents and text messages detailing sexual assault allegations against former San Francisco 49er DE Ray McDonald show a woman claims the attack happened at his home after they drank together at a bar and she injured her head in a fall near the player’s swimming pool.
A search warrant unsealed Monday includes a text-message exchange that police set up between the recently released defensive lineman and the alleged victim to discuss the sexual encounter.
She says she indicated to him (McDonald) that it wasn’t consensual, yet she spent the rest of the day and into the evening drinking with him and 49ers OLB Aldon Smith, who had dropped by. Smith is on probation for drunken driving and possession of three assault rifles.
The woman says she has no memory of the encounter.
San Jose Police Officer Sean Pierce told Santa Clara County Superior Court Judge Griffin M.J. Bonini that he recommended a “rape by intoxication” charge before securing two warrants, served Dec. 16 and 17.
Here is a brief conversation via text messages between McDonald and the police (texting as alleged victim), revealed in the court documents:
McDonald: “Yes, get the morning after pill.”
Sergeant (posing as woman): “Ugghh 🙁 that’s not cool.”
McDonald: “S— just happened, (woman’s name), we were just enjoying the moment.”
Sergeant: “I don’t even remember anything. I don’t know how I could’ve been enjoying anything. My friggin head hurts!” the sergeant texted.
Then, in another text the sergreant wrote: “I’m just really bothered by all of this. I don’t really want to see you right now.”
McDonald: “I don’t understand why you’re bothered. U chose to stay with me for another day.”
The Sergeant then responded saying that he shouldn’t have had sex with “her” (alleged victim) after she was knocked out.
McDonald: “I didn’t do anything wrong.” Like u told me before u started coming on to me.”