SAN JOSE, Calif. — A Santa Clara County judge has dismissed a rape charge against former San Francisco 49er Ray McDonald after prosecutors said the woman who made the allegation refused to testify.
Judge David A. Cena dismissed the charge — one count of rape of an intoxicated person — on Monday. Santa Clara County prosecutor Chris Lamiero said in a statement he tried to convince the victim to testify, but she refused.
The woman said she slipped and fell on a pool deck at McDonald’s San Jose home in December 2014 and continued to fall after that because of her initial head injury and alcohol consumption.