A felony rape charge against former San Francisco 49ers defensive end Ray McDonald was dismissed on Monday because his accuser did not want to testify, prosecutors said.
McDonald was arrested in 2015 on the rape charge after a woman said he sexually assaulted her at a party at his home.
“Despite my best efforts to convince the victim to testify, she refused,” Deputy Santa Clara County District Attorney Chris Lamiero said in a statement. “That is her legal right.”
A current member of the 49ers, linebacker Ahmad Brooks, still faces sexual battery in a case involving the same woman at the same party, said Sean Webby, a spokesman for the district attorney’s office. He said he did not know if she would testify against Brooks.
McDonald also faces prosecution on an unrelated misdemeanor charge of violating a restraining order in an unrelated domestic violence case, Webby said.
Neither McDonald nor his attorney could be immediately reached for comment. Brooks’ attorney could also not immediately be reached.
(Reporting by Sharon Bernstein in Sacramento, California; Editing by Bill Trott)