( CNN ) Indianapolis Colts backup linebacker Josh McNary has been charged with felony rape , a spokeswoman for the Marion County , Indiana , Prosecutor 's Office said Wednesday . McNary , 26 , was in police custody late Wednesday at the Marion County Jail , a booking log on the jail website said . McNary was also charged with felony criminal confinement and misdemeanor battery resulting in bodily injury . According to a probable cause affidavit , a 29-year-old woman reported to police on the morning of December 1 that she was raped hours earlier at the apartment of a man she met while out at a bar . She said she told the man several times she did n't want to have sex and fought with him , scratching him on the face , neck , back and shoulder . The man forced her to have sex on his bed , she told police . She took the man 's cell phone as she left the apartment . A forensic nurse examined the woman and found injuries to her vagina and dried blood behind one ear . The document indicates detectives used the cell phone to identify McNary the next day . He was cooperative , police indicated , and he asked for a lawyer after being advised of his rights . A nurse found abrasions and scratches on his stomach , back , neck and shoulder , the document says . Investigators also found the woman 's clothing and an earring in McNary 's apartment . CNN 's attempts to reach McNary 's attorney were n't immediately successful . The Colts said they were aware of media reports about the incident . `` But unfortunately that 's the limit of our knowledge , '' the Colts said in a written statement . `` 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 . '' The National Football League said the matter is `` under review . '' Recently , the NFL revised its Personal Conduct Policy . It includes a minimum six-game suspension for crimes involving violent conduct , including domestic violence and sexual assault . The league reviewed its stance after widespread criticism of its handling of the Ray Rice case . McNary is listed as a second-string inside linebacker for the Colts , who play the New England Patriots on Sunday in the AFC championship game . He has 28 tackles -- mostly on special teams -- in 15 games this season . He played in the Colts game on November 30 and had one tackle on punt coverage . The 6-foot , 251-pound player is in his second season . He played collegiate football at Army and served in the military from 2011 to 2013 before joining the Colts . CNN 's Tina Burnside , Dave Alsup , Erica Henry and Wayne Sterling contributed to this report .
A woman tells police she stole a phone from the apartment of a man who raped her . In a probable cause affidavit , a woman says the phone belonged to John McNary . CNN is unable to contact a lawyer for the accused football player , who spent time in the military .