Ex-49ers player Ray McDonald to sue woman who accused him of rape

[alp227]

SAN JOSE -- Determined to clear his name of rape allegations and resume his stalled football career, former 49ers defensive lineman Ray McDonald is suing the woman who accused him, claiming she defamed him and intentionally interfered with his livelihood.

The lawsuit, set to be filed Monday morning, comes as McDonald has been trying unsuccessfully as a free agent to get a team to sign him. The 49ers released him in December for "a pattern of poor decision-making" after learning he was being investigated for suspicion of sexual assault by the San Jose Police Department. Three months earlier, he had been arrested on suspicion of domestic violence, though county prosecutors decided not to file charges against him, citing insufficient evidence in a case where the alleged victim, his pregnant fiancee, refused to cooperate with investigators.
Ray McDonald San Francisco 49ers
San Francisco 49ers lineman Ray McDonald was arrested early Sunday Aug. 31, 2014 on suspicion of felony domestic violence. (Courtesy of the San Jose police department)

In a news release sent to this newspaper Sunday, McDonald's lawyer Steve M. DeFilippis said he expects prosecutors to eventually announce they are not pressing charges. But they haven't done so yet, he notes, despite videotapes from McDonald's home-surveillance system show the woman having "clearly consensual" sex with him in his hot tub.

McDonald will lose the ability to play professional football this year unless such an announcement is made, DeFilippis said. Sources close to the investigation also have told this newspaper McDonald will not face charges. However, such unofficial assurances, including a letter McDonald's agent sent to all the NFL teams, haven't been enough to put his career back on track.

full: http://www.mercurynews.com/crime-courts/ci_27719829/ray-mcdonald-sue-woman-who-accused-him-rape

[Erich Bloodaxe BSN]

1. Is it legal in San Jose to videotape someone in a compromising situation without their knowledge?

He might indeed be able to introduce those as evidence that the sex was consensual, but around here he'd then be arrested for videotaping a woman having sex without her knowledge, even if it was in his own home. (I assume she had no idea she was being taped, or else she'd have known he could provide video evidence that she wasn't being raped.)

I suppose it's certainly a lesser charge, but it still leaves him as a pervy voyeur type, since he obviously knew his "security system" covers his hot tub escapades.

[madville]

2. It varies state to state but generally

You are allowed to videotape without audio in your home without visitors consent or knowledge, some states allow audio as well. Then there is the whole one-party and two-party consent angles. California is ok with video as long as there is no audio I believe.

There can be laws against it if the intent was voyeurism but that would be hard to prove if most of the home's common areas were being recorded as well. A hot tub in the back porch would be a common area but a camera in a bathroom might be illegal, it's subjective.