gecIllini
- Colorado
Your telling me Bruce Pearl is involved?
Terrence Shannon Jr. suspended
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There's a lot to unpack in that one tweet. I think LVille was dead on.
Here's the statue on rape: https://www.kslegislature.org/li_20..._article/021_055_0003_section/021_055_0003_k/
21-5503. Rape. (a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
(3) sexual intercourse with a child who is under 14 years of age;
(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(5) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.
The act performed by Shannon in that twitter post, if non-consensually, is considered rape by law. What's confusing is that he was charged with the "force or fear" tag while that post states it was under misrepresentation. The problem is that the misrepresentation section appears to pertain to two specified scenarios, and Shannon's alleged actions would not fall into those situations. I am by no means a lawyer so I may be misinterpreting this.
21-5503. Rape. (a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
(3) sexual intercourse with a child who is under 14 years of age;
(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(5) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.
The act performed by Shannon in that twitter post, if non-consensually, is considered rape by law. What's confusing is that he was charged with the "force or fear" tag while that post states it was under misrepresentation. The problem is that the misrepresentation section appears to pertain to two specified scenarios, and Shannon's alleged actions would not fall into those situations. I am by no means a lawyer so I may be misinterpreting this.
I’m with you.
I’m not sure what I’m more flummoxed about.
The idea that someone could change their consent after the fact based upon someone else’s organizational affiliation…or the legal system that has it as a provision that can be upheld (maybe there is some rare instance it’d be needed??)…or the fact that a person would be willing to ruin another persons life because they weren’t a football player.
For my own sanity, I think I need that tweet to not be true. (Unless it being true somehow gets TSJ off the hook)
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Fingering someone's daughter in a campus bar isn't a good idea either. The comparison I'm drawing is between replacing the receiver and tossing a drink in a face, etc.
stlrunner
jakeyjakey
- St Louis, MO
When reading the statutes, the “misrepresentation” stuff seems to be pretty specific to things like misrepresenting it as therapeutic or medically necessary. It doesn’t seem to me that lying about being a football player falls into that…even if that is what happened.
Also, who the hell is brohosophat and what are the odds that is real?
Hard to comprehend. Terrible to see lives ruined and my heart breaks for the victims. Have had a lot of emotions that many on here have experienced and am doing my best to keep them reined in. Will keep the hope that justice will be served. I’m grateful the university acted according to the code of conduct and did not stray no matter the visibility of the player involved. That is why those exist and I have faith they will continue to handle this by the book.
My thinking as well.
I’m going to bed. Maybe more will come to light in the morning, along with better news.
That’s not how it works. The felony complaint is just a procedural device that starts the case. What matters is the indictment. You might be charged with one count in a felony complaint and 75 counts in the indictment. That happens all the time with, for example, organized crime and gang prosecutions. And once you are indicted, anything that happened before that is irrelevant. The indictment supersedes any prior charging instrument.
Again, the only thing to read from the felony complaint is that the DA is prepared to present evidence to the grand jury that a forcible rape was committed. Yes, I am aware now that brohosaphat, a blue check on twitter with 74 followers has broken the case wide open (thanks brohosaphat!) but maybe we should be somewhat prepared that the district attorney and detectives in Lawrence have something more in mind than a quickie misdemeanor plea on a case they have been working on for three months that is making national headlines.
Yes you are misinterpreting this. Subsections 4 and 5 are exclusive of Subsection 1. Subsections 4 and 5 speak of misrepresentaions with respect to individuals that may misrepresent their powers as clinicians (i.e. Larry Nassar) and subsection 5 is somewhat similar but perhaps more akin to a very unlawful "deep cavity" search for an illegal search and seizure. Misrepresenting yourself as a billionaire or football player won't violate this statute....not to say TSJ did that either.
Which one of these describes what the Twitter post alleges? The mis representation appears to be in cases where where the accused claims that the act is medically necessary (something like Larry Nassar) I don’t see how lying about on a football team would fall under this.
Yeah, I agree, the misrepresentation section doesn’t seem to be about misrepresenting who you are… it’s about misrepresenting needing to perform the action for basically medical reasons.
Only thing I can think of is “force” is not physical force but in this case “I’m on football team, come on, let me touch you” coercion.
At risk of sounding like a terrible human, IF this is true and if this woman is okay with any random football player doing this to her in a bar… well… not sure I really feel bad for her at all.
This reminds me of a certain situation that happened when I was in college. There was a girl who hooked up with half the football team. She also happily had intercourse with two football players at the same time on the dance floor of the bar I worked at one night…
LOL pretty low I think. And he's trying to claim that pretending you are a football player instead of a guy who was, until this happened, certain to make millions playing pro basketball is a better pickup line makes sense to this guy? And besides TSJ would make a heckuva wide receiver, IMO.
I know which line I'd use LOL no I wouldn't I'm married and old as dirt
How do you prove misrepresentation? Why would he represent himself as a ho-hum KU football player when he's a high level basketball player with a huge NIL deal? IF true, you'd assume they'd have to announce the accusation at some point? That's a lot of heat for this type of charge on a national stage.
This take could not possible be more wrong.
The charge is forcible rape under subsection (1)(A). That is clearly stated. Whatever information the DA and police have, it is that a forcible rape occurred. That’s their case. The defense may be, “No that’s not what happened. It was this whole other thing.” But clearly the DA and the police do not believe that this was some sort of non-consensual sex by means of misrepresentation.
Subsection (4) applies when a medical professional falsely represents that the sexual intercourse was a medical procedure.
Subsection (5) applies when someone abuses their legal authority (e.g. a police officer or prison guard) to have sex with someone by misrepresenting that they had that authority.
Please, before we all jump on the brohosaphat innocence train, let’s actually read the statutes we are quoting.
stlrunner
jakeyjakey
- St Louis, MO
It also seems odd that she would feel violated because he was a college basketball star and not a football player. Its not like she was thinking she was hooking up with a football star who was actually just a garbage truck driver.
Been reading a lot today, all over the Internet. I’m just now realizing I’m the only person on Earth that isn’t a lawyer.
If this is true and it happened in a bar, there is almost certainly video of it. There were also almost certainly a ton of people around and seemingly should have been a lot of witnesses. Also seems like this would have been the talk of KU campus for a few days at least.
I'm not jumping on the innocence train. I'm stating that the alleged actions in that post don't apply to subsection 4 and 5, which contradicts the implication that Shannon was charged under the "misrepresentation" clause which I have now seen all over. So I agree with you.
TSJ was wearing an Illini football jersey that day. Is it possible — likely, even — that he told the girl “I play for the university of Illinois” and she assumed by the jersey that he was a footballer? That seems much more probable than Terrance Shannon, an all-American basketball player needing to pass himself off as a football player.
Either way, accusing someone with rape because you consented with a football player then found out he was a basketball player makes it all the more tougher for women with justifiable complaints to be taken seriously.
Either way, accusing someone with rape because you consented with a football player then found out he was a basketball player makes it all the more tougher for women with justifiable complaints to be taken seriously.
That's what I was saying. I apologize if I was not clear.
I'm not either, but I play one on the Internet.
That "fingering" reply doesn't appear in Bret Beherns post and it appears to be a troll account of some (really weird) sort.
Oh you’re right you did say that. Sorry, I guess I’m the one who should actually read things before I spout off about them.
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