Josh McNary, Linebacker, Accused of Rape (Acquitted)

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Dec 8 2015, 4:00pm

via Getty Images

Position: Linebacker
Height / Weight: 6'0 / 251 lbs
College: West Point
NFL draft: 2011/ Undrafted
Team: Indianapolis Colts (2013–present)


On January 14, 2015, Josh McNary was arrested and charged with one count of rape, one count of criminal confinement, and one count of battery stemming from an incident that allegedly took place on December 1, 2014 in Indianapolis, IN.

According to her statement to police, the alleged victim ended up at McNary's apartment after going to several bars with her coworkers. She could not recall how she got there and, at the time, did not know that the apartment belonged to McNary. Once inside, they kissed, consensually, but after a point the alleged victim said, "No, I am too drunk for this, I need to lay down," according to court documents. McNary allegedly forced himself onto her. When the alleged victim expressed that she wanted to leave, McNary allegedly told her "no" and kept trying to "talk her into it."

A physical fight ensued between her and the male. She scratched the male's neck, face, back, and shoulder during the fight. The male yelled, "Bitch, slut, look what the fuck you did to me!" She pleaded with the male to allow her to leave the apartment. She believed the male slapped her on the left side of her face with his hand. The male then forced [redacted] to have vaginal intercourse with her on the bed. She told the male "no" and to stop on "multiple occasions" as she was unable to move. She strongly believed the sexual intercourse was "100%" against her will. She yelled, "Stop, no, do whatever, just let me leave!" The sex lasted for "quite awhile." She did not think the male used any form of protection.

The woman called police to report the rape at around 6 AM, after she returned home. Court documents show that she took McNary's phone when leaving his apartment, and the police used it to connect him to the alleged rape. Police obtained a search warrant, and when they arrived at McNary's home, he said, "I know why you're here."

In their search of McNary's apartment, police found items of the alleged victim's clothing in his apartment, as well as blood-stained bed sheets. Officers observed reddened abrasions on McNary's neck, abdomen, shoulder, and back, consistent with the story the alleged victim told of having resisted McNary by scratching him.

The case went to trial in August 2015. During the trial, the Roger Goodell placed McNary on the Exempt/Commissioner's Permission List. While he received leave with pay, he was not allowed to play with the team or attend practices.

McNary denied all allegations and, on September 3, 2015, a jury found him not guilty of all charges.

When reached for comment, McNary's representative confirmed that McNary was "initially placed on the NFL exempt list" and said that once McNary was found not guilty, he was employed by the Colts the following season.