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1st Amendment Challenges to Actor’s Rape Convictions Are Rejected

By Howard Friedman on October 28, 2026
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In The People v. Masterson, (CA App., Oct. 27, 2026), a California state appellate court, in an 89-page opinion, affirmed the forcible rape convictions of actor Danny Masterson. In 2024, Masterson, the star of That ’70’s Show, was sentenced to 30 years to life in prison for the forcible rape of two women. Both Masterson and his victims were members of the Church of Scientology. On appeal, Masterson argued in part that the trial court’s admission of evidence about Scientology’s teachings violated the First Amendment. The court said in part:

The trial court ruled that defendant lacked standing to assert a First Amendment violation on behalf of Scientology; but even if he had standing, admission of Scientology evidence would not violate the First Amendment, the ecclesiastical abstention doctrine, or Evidence Code section 789.  The trial court found the Scientology evidence relevant to provide context for the victims’ delayed reporting of the crimes and to understand the victims’ meetings and relationships with defendant; defendant’s actions toward the victims; the victims’ actions before, during, and after the incidents; the victims’ initial acceptance of defendant’s behavior and the families’ subsequent reactions….

The trial court permitted Headley to testify as an expert “on the subjects of 1) Scientology teachings that a person in an intimate relationship cannot be raped; 2) that Scientologists cannot use the word rape and 3) that Scientologists are prohibited or discouraged from reporting other Scientologists in good standing to outside law enforcement or face repercussions for doing so….

J.B. and N.T. both testified that Scientology tenets prohibited them from reporting defendant to the police, a police report would constitute a suppressive act, and Scientology policy required them to use Scientology’s internal justice system instead.  J.B. testified that on pain of expulsion from Scientology, family members who are Scientologists must dissociate from any family member labeled as a suppressive person….

Defendant’s criminal trial did not involve adjudication of an internal church dispute over church property, church discipline, religious authority, or dogma….  The ecclesiastical abstention doctrine accordingly did not apply….

The jury in this case was not asked to determine the truth or falsity of Scientology doctrine or beliefs.  The jury instructions clearly limited the purposes for which the jury was to consider Scientology evidence—to explain the victims’ delay in reporting defendant’s actions; to explain the victims’ behavior before, during, and after the charged crimes; to explain the witnesses’ ties to Scientology….  Admission of Scientology evidence for those purposes did not contravene the First Amendment….

Defendant cites several statements by the trial court that he claims demonstrate a lack of neutrality and even hostility toward Scientology.  Those statements, viewed in context, evidence no animus or departure from neutrality regarding Scientology…..

Courthouse News Service reports on the decision.

Photo of Howard Friedman Howard Friedman

Author of the Religion Clause blog, highlighting church-state and religious liberty developments

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  • Posted in:
    Appellate and Supreme Court, Criminal
  • Blog:
    Religion Clause
  • Organization:
    Howard M. Friedman
  • Article: View Original Source

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