January 15, 2015 / 3:03 AM / 3 years ago

NFL linebacker charged with rape in Indianapolis

(Reuters) - Indianapolis Colts backup linebacker Josh McNary on Wednesday was charged with attacking and raping a 29-year-old woman in his Indianapolis apartment in December, court records show.

McNary, 26, a second-year NFL player, was charged in Marion County Superior Court with felony rape, criminal confinement and battery, according to court records.

Police said McNary was in custody on Wednesday evening, just days before the Colts play the New England Patriots in the American Football Conference Championship on Sunday with the winner headed to the Super Bowl.

The charges against McNary come a day after an independent probe found the league failed to properly investigate a domestic assault incident in which running back Ray Rice punched his then-fiancee on an elevator in Atlantic City, New Jersey.

The Rice incident, along with a spate of domestic abuse cases among players including Minnesota Vikings star Adrian Peterson, brought down a firestorm of public criticism on the most popular U.S. sports league.

McNary is accused of attacking the 29-year-old woman when she rejected his advances and raped her in his Indianapolis apartment on Dec. 1, according to court documents.

After assault, the woman fled the apartment with McNary’s cell phone, which investigators used to identify him, court documents showed.

The woman told investigators that she went out to drink with coworkers in downtown Indianapolis on Nov. 30. She did not recall how or when she left the last tavern that night, but found herself in an apartment of a stranger, who she recalled meeting earlier that evening, court records said.

When police arrived at McNary’s apartment on Dec. 2 to apprehend him, he said, “I know why you’re here.” He also preserved his bedding, leaving it unwashed, for investigators, according to court documents.

Since the alleged incident, McNary played in four regular season games and two playoff games for the Colts, according to NFL.com. Team officials told ESPN that they are aware of the allegations.

“Unfortunately that’s the limit of our knowledge,” the team said in a statement to the network.

McNary attended West Point played football at Army before signing with the Colts as a free agent in April 2013.

Reporting by Brendan O'Brien in Milwaukee, Wisconsin; Editing by Lisa Shumaker

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