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INDIANAPOLIS, Ind. (Jan. 14, 2015)– An Indianapolis Colts linebacker charged with rape is due in court Thursday.

Josh McNary, 26, was formally charged Wednesday in a rape investigation.

McNary faces one count of rape, one count of criminal confinement and one count of battery resulting in bodily injury.

FOX59 has learned that the incident in question happened on or around December 1.

Josh McNary
Josh McNary

The victim told Indianapolis Metropolitan Police Department (IMPD) sex crimes detectives that she met an unknown man at a downtown bar and went to his apartment. She says that a fight broke out before McNary allegedly raped her.

She says she told McNary, “No, I am too drunk for this, I need to lay down, have to work, and I’m not OK with this.” She put her arm out towards the male and told him “No.”

A photo on the woman’s phone inside McNary’s apartment was found. Along with the photo she wrote, “This guy creeps me out, save me.” It was posted at 3:13 a.m.

Court documents reveal that she said “I didn’t have the strength to push him off.” She also described “being in and out of consciousness.”

She took his cell phone when leaving his apartment.

A hospital examination revealed that the woman suffered injuries, including dried blood behind her ear. She told police she scratched her attacker. The victim told police that when she scratched McNary, he said, “Look what you did to me.”

Police used the cell phone to make the connection to McNary. When police arrived at his apartment, McNary told them, “I know why you are here.”

He said he preserved the bedding from the encounter and presented some of the woman’s clothing to police. McNary had also taken photos of the bedding, showing blood stains and other soiled areas.

McNary played college football at the United States Military Academy, his alma mater. He is jersey number 57 for the Indianapolis Colts.

The victim’s family issued the following statement to FOX59:

“We (the victim & her family) would like privacy at this time. We also want justice.”

The Indianapolis Colts issued the following statement:

“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.”

McNary was taken into police custody Wednesday night.

Thursday morning, attorney Edward F. Schrager provided the following statement on McNary’s behalf:

“Joshua McNary unhesitatingly denies all accusations made against him. Following the public release of these allegations, Joshua immediately reported to law enforcement officials in a respectful and peaceful manner.

“The charges and affidavit publicly disseminated on Wednesday afternoon are not evidence of wrong doing, but simply one side’s story.

“Joshua has full faith and confidence in the American way, including its justice system, which he pledged to protect and defend as a West Point graduate and lieutenant in the United States Army. Accordingly, Joshua believes that these matters must be addressed and resolved in court pursuant to rules of law rather than in the media.

“For this reason, no further statements will be made at this time by or on behalf of Joshua.”