Ray McDonald, formerly a defensive tackle for the San Francisco 49ers, has been indicted by a Santa Clara County grand jury on suspicion of raping an intoxicated woman.
Separately, current 49ers linebacker Ahmad Brooks was charged Wednesday with sexually battering the same woman.
The indictment unsealed Wednesday alleges that McDonald, 30, had sex Dec. 15 at his Santa Clara County home with a woman who was too intoxicated to consent. She told police she blacked out while drinking there.
Brooks, 31, was charged with misdemeanor sexual battery on the same woman. According to the Associated Press, a civil suit filed this year against both men says Brooks groped the woman while she was unconscious and that McDonald later carried her upstairs and sexually assaulted her.
Brooks' arraignment has not yet been scheduled, and he faces a maximum of six months in jail if convicted, the AP said.
McDonald was also indicted for violating a restraining order in May involving his former fiancee.
The grand jury declined to indict the former NFL player on charges of felony false imprisonment and domestic violence involving an incident at his ex-fiancee's home.
McDonald is scheduled to be arraigned Sept. 25 in San Jose, according to the Santa Clara County district attorney's office. He faces up to eight years in prison if convicted. He has denied the allegations against him.
According to a search warrant affidavit released in December, the woman who says McDonald raped her told police she fell and blacked out while drinking at his home. Police said she didn't recall any sexual encounters with McDonald. However, she told authorities that when she woke up next to McDonald in his bedroom, he told her they'd had sex.
McDonald filed a defamation case against the woman in March, but it was dismissed. Santa Clara County Superior Court Judge William Elfving ruled that McDonald presented no evidence that his accuser spoke to anyone but law enforcement officers about the incident. Statements to law enforcement officers are considered protected speech.
McDonald, who was a third-round draft pick for San Francisco in 2007, was released by the 49ers on Dec. 17, with General Manager Trent Baalke citing the player's "pattern of poor decision-making."
The Chicago Bears signed McDonald to a one-year contracton March 24 but dropped him after his May 25 arrest.