Danny Masterson has filed an appeal against his 2023 rape conviction, questioning the plaintiffs’ credibility and claiming he didn’t receive a fair trial.
In a 244-page brief submitted to the California state court of appeal on Wednesday, Masterson’s lawyers Cliff Gardner and Lazuli Whitt said: “It is true, of course, that a defendant is not entitled to a perfect trial. He is, however, still entitled to a fair one … Danny Masterson received neither. Reversal is required.”
In May 2023 Masterson, best known for his role on That ’70s Show, was convicted of two counts of rape against two women in 2003, while a third charge relating to a third plaintiff was quashed. He was sentenced to 30 years in prison.
During that trial, prosecutors argued that the prominent Scientologist used his role in the church – of which all three plaintiffs were also members at the time – to avoid accountability for the assaults.
Masterson has consistently insisted he is not guilty, and that sex with all three plaintiffs was consensual.
The church said in a statement after the verdict that the “testimony and descriptions of Scientology beliefs” during the trial were “uniformly false”.
“The church has no policy prohibiting or discouraging members from reporting criminal conduct of anyone – Scientologists or not – to law enforcement,” the statement said.
Gardner and Whitt claim that Masterson’s rights were violated by the inclusion of Scientology doctrine as part of the trial, and accuse the plaintiffs of giving “falsified” evidence.
They also argue that the court violated Masterson’s right to a fair trial by excluding evidence which they say proves that the plaintiffs, referred to in documents as JB and NT, had “a direct financial interest in the outcome of the trial”, as it affected a pending civil lawsuit against Masterson and the Church of Scientology in which they are seeking damages.
In 2019, JB, NT and members of their respective families filed a civil suit alleging Masterson and the church harassed them after the women went to police with their sexual assault claims in 2017. That civil suit referred to the incidents involving Masterson that became the subject of his 2023 criminal trial and conviction, but did not allege rape or seek damages, as the civil statute of limitations had expired.
Masterson’s lawyers say the 2023 trial court “excluded evidence showing that if the complaining witnesses obtained forcible rape convictions against Mr Masterson, state law would provide a new, one-year window within which they could file rape-based causes of action” in a civil suit, thus “entitling them to a dramatically greater damage award than the existing lawsuit for harassment damages”.
“And predictably, within one year of the criminal verdict, both JB and NT moved to amend their pending lawsuit to do just that,” the lawyers added.
“The trial court’s ruling is irreconcilable with more than a century of California law recognising the common-sense principle that a witness’ financial stake in the outcome of trial is plainly relevant to credibility.”
The civil case against Masterson and the Church of Scientology is set to go to trial in Los Angeles superior court in 2025.
Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 500 2222. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html
