The Santa Clara District Attorney's office says former San Francisco 49ers player ray McDonald will not face charges for sexual assault, after the accuser refused to testify.
Judge David A. Cena dismissed the charge - one count of rape of an intoxicated person - on Monday.
Santa Clara deputy district attorney Chris Lamiero issued a statement saying that he would not be able to proceed with the case without the woman's cooperation and "we are disappointed that he will not be held responsible".
McDonald also faces prosecution on an unrelated misdemeanor charge of violating a restraining order in an unrelated domestic violence case, Webby said. However, the Bears released McDonald two months later after he was arrested on charges of domestic violence and child endangerment.
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The alleged victim initially claimed she met McDonald at a local bar on December 14 and went back to his home - where she allegedly fell and hit her head near Ray's hot tub.
Ray admitted he had sex with the woman but insisted it was consensual.
A judge dismissed the lawsuit, saying McDonald failed to produce evidence that the woman had spoken to anyone other than law enforcement officials about her accusations. That incident was allegedly captured on camera by McDonald's in-home security system.
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