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Colts Linebacker Charged With Rape Will Be Put On Paid Leave

Indianapolis Colts linebacker Josh McNary was charged with rape, criminal confinement, and battery on Wednesday.

Posted on January 15, 2015, at 11:56 a.m. ET

Indianapolis Colts linebacker and special teams player Josh McNary was charged for a rape that allegedly took place on Dec. 1.

Joe Robbins / Getty Images

According to the police report, released Wednesday, McNary and the alleged victim met at a bar, but McNary grew aggressive and violent once they arrived at his apartment.

The report said the victim "turned away from [McNary] when he attempted to kiss her, and as a result, they engaged in a physical fight in which she scratched his 'neck, face, back, and shoulder.'"

According to the report, McNary then called the victim a "bitch, slut," and to "look what the fuck you did to me." The victim said in the report she tried to leave, but she was unable to, and McNary then allegedly vaginally raped her.

McNary's alleged refusal to let the victim leave his apartment falls under felony criminal confinement, which can carry a prison sentence in Indiana. The victim reported to the police that she told McNary "no" and that "she strongly believed the sexual intercourse was '100%' against her will."

Once the victim left the apartment, she called friends and contacted the police. She realized she left a few items of clothing at McNary's apartment, which police later recovered during an investigation at his home.

After securing a search warrant, a detective contacted McNary, who said, "I know why you're here." McNary had left his bedding unwashed, telling the detective he "preserved it for [him] because [he] knew he would be coming." McNary underwent a physical examination at a hospital that day.

The Colts released a statement shortly after the news of the charges against McNary became public:

We are aware that there has been a report about Josh McNary, but unfortunately that's the limit of our knowledge. 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.

On Thursday, the team asked that McNary be put on the Commissioner's Exempt List, and that request was granted by the NFL.

The Commissioner's Exempt List is the newly reinstated purgatory for NFL players charged with a crime.

It is the same limbo in which Adrian Peterson stood until his legal issues were resolved, and where the Panthers' Greg Hardy will remain until his domestic abuse trial concludes.

While on the list, the player is neither suspended nor active for games, and collects his full salary. Under the NFL's new Personal Conduct Policy, it's the initial landing spot for players who have been charged with crimes.

The NFL can choose to suspend a player and collect game checks, as they did in the case of Adrian Peterson (he paid back six weeks of his 2014-2015 salary). Under the new policy, the NFL will allow the police investigation and any resulting trials to play out before determining discipline.

The Colts play the Patriots on Sunday in the AFC championship game. The winner of that game will go to the 2015 Super Bowl.

McNary played 5 games for the Colts in 2013, and 15 games in 2014.

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