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INDIANAPOLIS (AP) — A prosecutor said in opening statements Monday that former Indianapolis Colts linebacker Josh McNary ignored a woman's requests to stop after he began having sex with her at his apartment last December.
McNary's attorney said the accuser is "a confused young woman" who "drinks too much" and mixes medication with her drinks, The Indianapolis Star reported (http://indy.st/1hsDNr4 ).
McNary, 27, went on trial Monday on charges of rape, criminal confinement and battery. He has pleaded not guilty.
Deputy Prosecutor Courtney Curtis said the woman had gone to three downtown bars with friends and met McNary at one of them, Tiki Bob's. The two talked, danced and flirted before going to McNary's apartment. They kissed and flirted more, but the then-29-year-old woman decided she didn't want to be there, Curtis said.
"She realized, 'You know what, I don't want to do this. I don't feel good,'" Curtis said. The woman had to lie down, and when McNary began having sex with her, she told him several times to stop, Curtis said.
"The defendant isn't stopping ... and she's scared," Curtis said.
"She did go home with him willingly, but then he raped her," Curtis said.
Defense attorney Jessie Cook said the woman voluntarily kissed and flirted. The defense argued that the sex was consensual and the woman's actions "were entirely inconsistent with the claim of rape."
"You will hear two radically different accounts of what happened" on Dec. 1 at McNary's apartment, Cook said.
Court records indicate that police tracked information from a cellphone that the woman says she took from the man's apartment and determined the man was McNary, a West Point graduate who had spent two seasons with the Colts. The woman told detectives she scratched her attacker, and when they interviewed McNary, they noticed he had scratches and abrasions on his neck, abdomen, shoulder and back, records said.
McNary's arrest came amid a flurry of stories about domestic abuse incidents involving National Football League players. Afterward, the Colts placed McNary on a list of players ineligible to practice or attend games. His contract expired two months later.
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