Ray McDonald’s defamation lawsuit against assault accuser dismissed

Ray McDonald, who was cut by the Chicago Bears last month after being arrested on suspicion of domestic violence, has suffered another setback.

A judge dismissed McDonald’s defamation lawsuit against a woman who claimed he sexually assaulted her last year, the Associated Press reported Monday.

Last week, Santa Clara County Superior Court Judge William Elfwing ruled McDonald presented no evidence his accuser spoke to anyone about the alleged incident other than law enforcement officials. Statements made to police and law enforcement are considered protected speech.

The woman, whose name has not been made public, claims McDonald sexually assaulted her in December. McDonald has denied the allegations, and the Santa Clara County district attorney’s office is still investigating the alleged incident.

According to a search warrant affidavit released in December, the alleged victim told police she fell and blacked out while drinking at McDonald’s home. Police said she didn’t recall any sexual encounters with McDonald. However, she claimed McDonald told her they had sex when she woke up next to him in his bedroom.

McDonald’s accuser has also filed a lawsuit against the former San Francisco 49ers defensive tackle, alleging assault and battery, negligence, intentional infliction of emotional distress and false imprisonment, AP reported.

McDonald, 30, was released by the Bears hours after his May 25 arrest on suspicion of domestic violence and child endangerment by Santa Clara police. Santa Clara police said McDonald allegedly assaulted his ex-fiancee while she was holding their baby.

Two days later, McDonald was arrested a second time for violating a restraining order by being at his ex-fiancee’s home, Santa Clara police said. He posted bail and was released each time.

McDonald played eight seasons with the 49ers before he was released on Dec. 17 after police announced their assault investigation. San Francisco General Manager Trent Baalke cited a “pattern of poor decision-making” as a reason for his release.