2a3f76de0d4af24f5142d686a4a5e4d9_crop_northFormer defensive tackle for the San Francisco 49ers, Ray McDonald, has had new details released on his alleged sexual assault case. The woman who claims the former 49ers star sexually assaulted her told the authorities she was attacked after she had fallen or passed out by the pool at McDonald’s house on Dec. 13th. After hitting her head on the ground, she woke up naked on McDonald’s bed at his Silver Creek home.

McDonald told her later Sunday morning the two had sex. She spent the rest of Sunday at his home drinking with him and fellow San Francisco 49er defensive lineman, Aldon Smith, who has been on probation for drunken driving and possession of three assault rifles.

The woman met McDonald and some of his friends at Willow Den Bar on Lincoln Ave., in San Jose Saturday night. She had been drinking with friends at the bar when she started feeling dizzy after two drinks. She told police she had also been drinking at a friend’s house, and wanted to go home due to her sudden illness. Instead, friends drove her to McDonald’s house in south San Jose.

After she reported the incident to the authorities, a police officer used her phone to communicate with McDonald via text message as if he were her. McDonald responded, “S— just happened. We were just enjoying the moment … I don’t understand why you’re bothered. U chose to stay with me another day.” The officer responded stating McDonald shouldn’t have had sex with her after she was knocked out. McDonald texted back, “I didn’t do anything wrong.”

The investigation of McDonald’s actions that night are ongoing. Upon completion, the police will forward the case to the Santa Clara County District Attorney’s office for review. McDonald has yet to be charged with any crime. Police have seized surveillance tapes from McDonald’s house to see if any clues can be uncovered as to whether the sexual encounter was consensual. Among the other items collected during the investigation were McDonald’s cell phone and his bed sheets. Police are searching for the whereabouts of the victim’s long-sleeved shirt and Michael Kors watch.

McDonald was released by the 49ers citing his pattern of getting into troubled situations. On August 31st, he was investigated for assaulting his pregnant fiancée at his home. Due to unsufficient evidence, no charges were filed against McDonald by the District Attorney’s office.

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