Indianapolis Colts linebacker Josh McNary charged with rape

Posted at 6:12 PM, Jan 14, 2015

By Steve Almasy and Susan Candiotti


(CNN) — Indianapolis Colts backup linebacker Josh McNary has been charged with felony rape, a spokeswoman for the Marion County Prosecutor’s Office said Wednesday.

McNary, 26, has not yet been arrested, Peg McLeish said, but an arrest warrant was signed by a judge.

McNary was also charged with felony criminal confinement and misdemeanor battery resulting in bodily injury.

Click here for local coverage of this story from FOX 13 News sister station FOX 59 in Indianapolis.

According to a probable cause affidavit, a 29-year-old woman reported to police on the morning of December 1 that she was raped hours earlier at the apartment of a man she met while out at a bar.

She said she told the man several times she didn’t want to have sex and fought with him, scratching him on the face, neck, back and shoulder. The man forced her to have sex on his bed, she told police. She took the man’s cell phone as she left the apartment.

A forensic nurse examined the woman and found injuries to her vagina and dried blood behind one ear.

The document indicates detectives used the cell phone to identify McNary the next day. He was cooperative, police indicated, and he asked for a lawyer after being advised of his rights.

A nurse found abrasions and scratches on his stomach, back, neck and shoulder, the document says. Investigators also found the woman’s clothing and an earring in McNary’s apartment.

CNN’s attempts to reach McNary’s attorney weren’t immediately successful.

The Colts said they were aware of media reports about the incident.

“But unfortunately that’s the limit of our knowledge,” the Colts said in a written statement. “At this time, we are very concerned and trying to find out what the relevant facts are, but we have insufficient information to venture any opinion. As we learn more, we will make appropriate updates.”

The National Football League said the matter is “under review.”

McNary is listed as a second-string inside linebacker for the Colts, who play the New England Patriots on Sunday in the AFC championship game. He has 28 tackles — mostly on special teams — in 15 games this season.

The 6-foot, 251-pound player is in his second season. He played collegiate football at Army and served in the military from 2011 to 2013 before joining the Colts.

CNN’s Erica Henry and Wayne Sterling contributed to this report.

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