The woman who told police former 49ers defensive lineman Ray McDonald may have sexually assaulted her is accusing current 49ers linebacker Ahmad Brooks of groping her while unconscious at McDonald's San Jose home in December.
The allegations in the civil lawsuit filed Tuesday in San Jose Superior Court naming McDonald and Brooks stems from an alleged incident that prompted the 49ers to release McDonald.
McDonald, now a member of the Chicago Bears, sued the woman for defamation in March while he was a free agent. The 49ers released McDonald after he became a suspect in a police investigation for the second time in four months. General manager Trent Baalke cited a "pattern of poor decision-making" for cutting ties with McDonald, who faced no criminal charges after a domestic violence investigation.
The Santa Clara County District Attorney's office has yet to announce whether McDonald will face criminal charges from the December incident.
When asked if Brooks is being investigated for the possibility of criminal charges, Sean Webby of the DA's office told CSNBayArea.com the matter is being reviewed.
Brooks has been taking part in the 49ers' offseason program in Santa Clara.
“The San Francisco 49ers organization is aware of the media report regarding Ahmad Brooks," general manager Trent Baalke said in a statement. "We were disappointed to learn of this matter and will continue to monitor the situation.”
The woman's accusations, detailed in a civil lawsuit obtained by CSNBayArea.com, claim that there is surveillance video which shows the following:
- The woman "slipped and fell on a negligently maintained, dangerously slippery deck near the swimming pool and struck her head. ... That she suffered a traumatic brain injury, including a loss of consciousness for more than eight minutes."
- "While she was unconscious from a subsequent fall, Brooks groped her person in a sexual manner."
- "Prior to regaining full consciousness and while she was unable to give consent, the cross-complainant was carried upstairs by McDonald to his bedroom."
- "McDonald removed (her) clothes and then engaged in un-consented touching, restraining, and sex with the cross-complainant. At all times, the cross-complainant could not consent to the touching and did not consent."
- "Such un-consented touches continued through the following day."
The lawsuit, filed on Tuesday by attorney Gloria Allred, demands a jury trial for damages due to assault and battery, negligence, intentional infliction of emotional distress, and false imprisonment.