Indianapolis Colts

Ex-Colts linebacker McNary found not guilty of rape

Published Sep. 3, 2015 3:18 p.m. ET

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A jury has found former Indianapolis Colts linebacker Josh McNary not guilty of forcing a woman he met in a bar to have sex.

McNary, 27, had been charged with rape, criminal confinement and battery in the trial, which began Monday. The jury decided he was not guilty on Thursday.

The case stems from Dec. 1, when McNary and a woman left a downtown Indianapolis bar and went back to his apartment.

Prosecutors had acknowledged that the woman willingly went home with McNary, and that the two flirted and kissed throughout the night, but they said she did not consent to having sex with him. Defense attorneys had argued that the woman was "confused" and "conflicted," and that her statements about what happened have changed repeatedly.

The woman testified earlier this week that she went into McNary's bedroom to lie down because she felt drunk and that McNary had sex with her despite her repeated attempts to push him away.

McNary took the stand Wednesday and maintained his innocence, as he has since his arrest in January. He said the woman asked him at the bar whether he wanted to continue hanging out, and that the two of them went back to his apartment, eventually engaging in consensual sex.

After he was cleared of the charges, McNary said he will try to continue his football career, describing the whole experience as "traumatic" and "tragic."

Defense attorney Jessie Cook said the woman's statements brought forth "overwhelming reasonable doubt," and that McNary's decision to take the stand in his own defense helped his case.

Marion County Prosecutor Terry Curry said he's confident that they jury "conscientiously considered the facts." He said he accepts the not guilty verdict.

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