Danny Masterson loses appeal against rape conviction after arguing judge was biased against Scientology

Danny Masterson has lost the appeal of his rape conviction, meaning his 30-year prison sentence has been upheld.

The actor, best known for his role on That ’70s Show, was convicted in 2023 of two counts of rape against two women in 2003, while a third charge relating to a third plaintiff, who alleged she was raped by Masterson in 2001, was quashed.

Masterson has insisted that sex with all three plaintiffs was consensual. In December he filed an appeal, questioning the plaintiffs’ credibility and claiming he didn’t receive a fair trial as the judge, Los Angeles superior court judge Charlaine F Olmedo, was biased against Scientology.

In an 89-page ruling filed in the California court of appeal on Tuesday, a three-judge panel rejected Masterson’s arguments, finding that Olmedo’s statements during the trial showed “no animus or departure from neutrality regarding Scientology”.

During the trial, prosecutors argued that Masterson, a prominent Scientologist, had used his role in the church – of which all three plaintiffs were also members at the time – to avoid accountability for the assaults. Prosecutors also argued the plaintiffs had delayed reporting the incidents due to their fear they would violate a Scientology rule against going to the police and be retaliated against.

Two of his accusers testified that when they reported Masterson to Scientology officials, they were told they were not raped, were put through “ethics programs” which they likened to repeated interrogations, and were warned against going to police. One of the women said she was shunned and ostracised for doing so.

Olmedo allowed a former Scientologist, Claire Headley, to testify as an expert about the church’s beliefs and practices. Headley told the court that Scientology regards going to law enforcement as a “suppressive act” that was sanctionable by excommunication.

In his appeal, Masterson’s lawyers argued the court had improperly intruded into interpretation of church doctrine.

“The jury in this case was not asked to determine the truth or falsity of Scientology doctrine or beliefs,” the appeals court panel wrote. “Admission of Scientology evidence for those purposes did not contravene the First Amendment.”

The panel also rejected separate arguments about the statute of limitations and evidentiary rulings, and denied that he did not get an adequate defense.

Masterson’s lawyers, Cliff Gardner and Eric Multhaup, called it an “unfortunate decision”, telling Variety they would appeal to the California supreme court.

After Masterson was found guilty in 2023, the church of Scientology issued a statement to say 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.

• 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