Terrence Shannon Jr’s alleged sexual battery charge and legal case, explained

The Illini star was arrested last year, but is still leading his team into March Madness.

The University of Illinois men’s basketball team advanced to their first Sweet 16 since 2005 with a win over Duquesne on Saturday, and head to Boston hoping to keep their dreams of a national title alive.

Terrence Shannon Jr. has the Illini’s leading scorer on this run as a team captain and potential NBA first-round pick. Shannon missed six games earlier this season after he was suspended by the school in the wake of an arrest for alleged rape and sexual battery.

Here is what you need to know about the underlying case, his reinstatement to the team, and what will come next.

Sept. 9, 2023 incident and underlying allegations

Note: The following contains descriptions of alleged sexual assault.

The underlying allegations stem from an incident at the Jayhawk Cafe, near the campus of the University of Kansas. On Friday, Sept. 8 the Jayhawks hosted Illinois in a non-conference football game. Shannon, along with roommates Justin Harmon (a teammate on the Illinois basketball team) and DyShawn Hobson (an Illinois graduate assistant student manager) traveled down to Lawrence to attend the game and visit with friends. According to court documents reviewed by SB Nation, Hobson drove to and from Lawrence, and remained sober throughout the night.

It is also alleged by both Shannon and Hobson that Hobson was instructed to drive Shannon by Illinois assistant coaches because of concerns regarding a prior car accident that Shannon was involved in, and the fact that Shannon had an NIL event early on Saturday morning. According to court documents, the assistant coaches deny making this request.

After attending the game, Shannon, Harmon, and Hobson spent time with Kansas basketball players at the Jayhawk Cafe, before driving back to Champaign at 4:30 a.m. on Sept. 9.

According to an affidavit reviewed by SB Nation, while at the Jayhawk Cafe it is alleged that Shannon “groped and raped” a female in the Martini Room, which is in the basement of the Jayhawk Cafe. According to the affidavit, the alleged victim stated that while she was in the crowded Martini Room in the early morning hours of Sept. 9, a male waved her over to talk to him. After making her way over to the male:

“ ... the male started ‘grabbing’ on her and ‘grabbing my butt’ to pull her towards him ... the male started grabbing her buttocks on the outside of her clothing before putting his hands under her skirt and grabbing her buttocks ... he pulled her to him and nearly immediately placed his finger under her underwear and inserted it into her vagina.”

As noted in the affidavit, the alleged victim told police that because the room was so crowded, and because of her positioning next to the male and the nearby wall, she could not move or “do anything” while the incident took place. She indicated that the incident lasted approximately 30 seconds before she was able to get away.

According to the affidavit, the alleged victim was able to identify the male on social media. She reported to police that there was another male next to the suspect that she recognized as a Kansas basketball player. After reviewing the entire Kansas roster, she did not recognize the involved male. She then reviewed the Kansas football roster, but again did not recognize the involved male.

She then searched the Illinois basketball team, thinking that because the two schools were playing each other, it was possible the involved male was a member of the Illinois basketball team. That is when she immediately identified the involved male as Shannon.

In the affidavit it is noted that the police department reviewed the woman’s phone, and both tracking data as well as search inquires corroborated the woman’s statement.

The police department also reviewed available surveillance video from the Jayhawk Cafe which shows both the woman and Shannon in the Martini Room. According to the affidavit:

Based on the details as described in the affidavit, Detective Josh Leitner of the Lawrence Police Department stated there is probable cause to charge Terrence Shannon Jr. with rape and sexual battery.

Suspension and preliminary injunction

On Dec. 5, 2023, a complaint was filed by the State of Kansas against Shannon in the District Court of Douglas County, Kansas.

The complaint contains two counts. The first count is an allegation of rape. Specifically, the complaint states that Shannon “... did unlawfully, feloniously, and knowingly engage in sexual intercourse with a person, to-wit: [redacted], who did not consent to the sexual intercourse under circumstances when she, was overcome by force or fear, a severity level 1 person felony, in violation of K.S.A. 21-5503(a)(1)(A) & (b)(1)(A).

The second count is an allegation, pled “in the alternative” of sexual battery. This alleges that Shannon “did unlawfully touch another ... who did not consent to the touching, with the intent to arouse or satisfy the sexual desires of the offender or another, a class A person misdemeanor, in violation of K.S.A. 21-5505(a) & (c)(1).

As noted in the complaint, the penalty range on the first count has a minimum of “147 months to a maximum of 653 months in prison and/or a fine of up to $300,000 and 36 months of post-release supervision.” Under the second count the penalty range is “up to one year in the county jail and/or a fine of up to $2,500.”

With respect to the “in the alternative” language, the second count — for sexual battery — is a “lesser included charge.” The elements that the State needs to prove are different, and as you can tell from a reading of the included statutory language, it is a lower bar for the State to clear. Hypothetically speaking, if the State cannot prove beyond a reasonable doubt at trial that Shannon “did unlawfully, feloniously, and knowingly engage in sexual intercourse with a person,” they may fail on the first count, but they may be able to succeed on the second, showing that Shannon “did unlawfully touch another ... who did not consent to the touching.”

On Dec. 27, 2023 a warrant was issued for Shannon, and the following day he turned himself in, and was subsequently released on $50,000 bail. The school suspended Shannon “indefinitely,” citing a zero-tolerance sexual conduct policy. A preliminary hearing date for the criminal case was scheduled for Feb. 23, 2024.

On Jan. 2, 2024 Shannon released a lengthy letter to the Illinois student-athlete conduct panel. In the letter Shannon maintains his innocence and pleads for the suspension to be overturned:

“As to the criminal charges against me, I am declaring my innocence, as I did back in September. I have totally cooperated with that process and will continue to do so. While I appreciate my lawyers and their ability to fight the case in court, I know that the criminal justice system takes time. So my day in court will not come about for a long time, most likely long after the NBA draft, and I may not be cleared of the charges until it’s too late. The harm that I will suffer from an immediate suspension can never be undone, and I will never have this opportunity to further my collegiate career or fulfill my lifelong dream to play in the NBA. Going forward, I want nothing more than to play basketball for the University of Illinois, and I remain hopeful that my due process rights will be honored and allow for a full reinstatement while this case is pending.”

Just over a week later, Shannon, through counsel, filed a complaint for injunctive relief in the Sixth Judicial Circuit of Illinois against the University of Illinois Board of Trustees as well as President Timothy Killeen, seeking to stay the imposition of the suspension while the legal process was ongoing. In the complaint, Shannon alleges that the University “ ... has served as judge, jury, and executioner by suspending [Shannon] from the team before the resolution of his criminal charges, eradicating the presumption of innocence and other due process to which TJ is entitled.”

The complaint also notes the impact the suspension could have not just on Shannon’s college basketball season, but a potential NBA career. “Accordingly, [Shannon] has a clearly ascertainable right in his basketball career that is in need of protection. [Shannon] will suffer irreparable harm without injunctive relief, as his career will certainly be ruined if the suspension continues, trouncing on his business interests including contractual rights.” The complaint further alleged multiple counts for relief on Shannon’s behalf, including allegations based on Title IX, breaches based on Illinois’ Division of Intercollegiate Athletics (DIA), and an allegation that the school deprived him of property rights without procedural due process.

A hearing on the complaint for injunctive relief was held on Jan. 12, 2024 in front of the Honorable Colleen R. Lawless. A week later Judge Lawless released an opinion, reinstating Shannon to the basketball team. Specifically, Judge Lawless noted that while Shannon’s claim for relief fails on many fronts, the claim that he was denied property rights without due process shows “some likelihood of success on the merits:”

“As to Count VI, the Plaintiff (Shannon) has established that he has clearly ascertainable rights that need protection and there is some likelihood of success on the merits. The Court further finds that Plaintiff has no adequate remedy at law and will suffer irreparable harm without an injunction. The potential harm to Plaintiff outweighs any harm to the University. The public interest is not harmed by granting injunctive relief to allow for additional procedural safeguards while he is presumed innocent of the criminal charges.”

Shannon returned to action on Jan. 21, after missing six games, and scored 16 points as Illinois defeated Rutgers 86-63.

What comes next

Thursday night Shannon and Illinois take on Iowa State in the East Regional Semifinal at TD Garden in Boston.

But the next step in this legal matter is the preliminary hearing, which was scheduled for February but reset to May 10.

On that date both the State of Kansas and Shannon, through counsel, will present evidence and testimony before a judge, who will determine whether there is enough evidence to find probable cause that a crime has been committed. Should the State of Kansas meet that threshold, the matter will be set for a trial and Shannon would then face an arraignment hearing, where he would plead guilty or not guilty.

Loosely defined, a finding of probable cause would require the judge to believe that based on the evidence presented by the State of Kansas it is reasonable to conclude that a crime had been committed. For reference, in Illinois v. Gates (1983) the United States Supreme Court lowered the threshold for “probable cause” in search warrant cases to state that a “substantial chance” or “fair probability” of criminal activity could establish probable cause. This eliminated the previous standard known as the “Aguilar-Spinelli” test, which required an almost mathematical “better-than-even” test for probable cause.

In the time since the previously-scheduled preliminary hearing, the parties — the State of Kansas and Shannon — have been in the discovery phase of the case. This means both sides are conducting their own investigations, gathering evidence, and speaking to witnesses. According to Mitch Gilfillan, an attorney in Illinois who has been tracking the case, the parties have also been issuing subpoenas for individuals who may have information pertinent to the matter to testify at the May 10 preliminary hearing.

As Gilfillan noted on social media, as well as in a piece with The Champaign Room, Shannon’s attorneys issued subpoenas to the alleged victim, the alleged victim’s acquaintance, and two police officers to testify at the May 10 hearing. In addition, Shannon’s counsel has also issued a subpoena to a registered nurse at Lawrence Memorial Hospital, requesting that they bring all “documents related to the Sexual Assault Nurse Examiner (SANE) Exam” conducted on the alleged victim.

However, that will happen in May.

Tonight, Shannon takes the floor along with the rest of Illinois, hoping to extend his college basketball career by at least one more game.