What led to Danny Masterson’s rape retrial and what happens next

Here are some of the key elements that emerged during the three-week retrial and what’s next for the actor.

What’s next for Masterson?

The actor will remain in custody while he awaits sentencing, which hasn’t been scheduled yet.

The women Masterson is convicted of raping could give victim impact statements during the sentencing hearing, and the judge is likely to hear from Masterson supporters.

Masterson’s lawyers didn’t address the verdict immediately after it happened, but they’re likely to appeal.

Direct discussion of illegal substances

A judge in the second trial allowed the prosecution to say directly that Masterson gave all three women illegal substances before raping them, in what may be the biggest difference from the first trial. Previously, this could only be implied when the women testified to feeling disoriented, losing memory and going unconscious to a degree that could not be explained by the alcohol they had consumed.

“The defendant drugs his victims to gain control. He does this to take away his victims’ ability to consent,” Deputy District Attorney Ariel Anson told jurors during her closing argument May 16.

A bigger role for Scientology

The Church of Scientology loomed large at Masterson’s trial. It played a bigger role in his retrial.

Masterson is a prominent member of the church. All three of his accusers are former members who grew disillusioned with the institution in the aftermath of their alleged assaults, saying that church officials told them what had happened to them was not rape, and that its policies prevented them from going to police. The church vehemently denied having any such policy.

The prosecution’s expert, Claire Headley, is a former official in Scientology leadership who became a staunch church foe, suing it in 2009 over her experience. The defence had on its witness list Hugh Martin Whitt, a current high-level Scientologist who is Headley’s estranged stepfather, though did not call him or any other witnesses before resting.

The defendant

Masterson, 47, an actor since childhood, got his major break when he was cast as Stephen Hyde on the retro sitcom ‘That ‘70s Show’, which also starred Ashton Kutcher, Mila Kunis and Topher Grace and would run on Fox from 1998 until 2006. At the time of the alleged assaults, his career was at its peak, and his house near Hollywood with a backyard pool and Jacuzzi was a social hub. It was also, according to prosecutors, the scene of all three crimes. Masterson had pleaded not guilty and his lawyers have repeatedly denied all of the allegations.

Investigation and arrest

Police revealed they were investigating Masterson in March of 2017. Hollywood’s #MeToo firestorm would begin about six months later, and in the midst of it Masterson would be written off ‘The Ranch’, a Netflix Western comedy where he had reunited with Kutcher.

He was arrested and charged with three rapes in 2020, and in 2021 a judge ruled the evidence was strong enough for him to be tried.

The first trial

Masterson’s monthlong first trial began last October. Masterson, free on bail, was accompanied to court by a large group of friends and family with ties to both Scientology and the entertainment industry, including his wife and the mother of his child, actor and model Bijou Phillips.

In the end, fewer than half of jurors voted to convict on any of the counts. Nevertheless, the Los Angeles County District Attorney’s Office decided to try again with a new set of jurors, and the women agreed to take the stand again.