Danny Masterson Trial: Closing Arguments; Jury Begins Deliberations
Danny Masterson Rape Trial: Jury Begins Deliberations As Closing Arguments End; “Scientology Cannot Be Avoided,” Prosecution Tells Court https://t.co/WTjfHNcgyj pic.twitter.com/HjnORyQ2Vb
- Deadline Hollywood (@DEADLINE) November 16, 2022
Today was closing arguments in the Danny Masterson sexual assault civil trial, after Masterson declined to testify himself. The jury have now begun deliberations, and a verdict is expected in days.
Here's a summary of closing arguments, with details from Tony Ortega:
Prosecution:
• Masterson was the life of the party and the center of this specific universe but wouldn't hesitate to incapacitate a woman to rape.
"And if you were in any kind of relationship with him, he would control you. He felt that he had the right to have sex with you any time he felt like it. And if you said no, he didn't care. Because he feels he's entitled to it...
We're responsible for our actions. And we are to be held accountable when we commit crimes. You all have the opportunity to hold this defendant responsible, and to show him that no actually means no. That is going to be your power."
• The prosecution explained what the law was in relation to this case: 1. that the defendant had sexual intercourse with penetration, no evacuation is needed, 2. there was no consent for the sexual encounter and the victims used physical and verbal force to express that, 3. the sexual act was accomplished by force or fear, in Masterson’s case, he primarily used fear.
"Past consent does not mean current or future consent. You have to have consent each and every time. The absence of 'no' is not a 'yes.' ...If someone agrees to oral sex doesn't mean you can go on. Or digital penetration. Consent to one does not mean you can just go to the other. Dating is not enough to constitute consent. And we've heard that a couple of times in this case.
...You can change your mind during the act...You can change your mind. Under the law, if the victim indicates things to get you to stop and you don't, it's a crime...If the person doesn't stop, it's a crime...And if a reasonable person would understand and continues, it's a crime."
• The jury needs to consider and remember that fighting back and/or resistance isn't necessary to classify rape. Also that fear would stop a victim from going to law enforcement.
• Repeat contact and consensual sex does not negate a victim’s assault. Love, denial and fear come into play.
• Jane Doe #1 went to law enforcement and her world blew up. She was alienated and intimidated by Scientology. She was pressured to take responsibility, it was her fault and she caused it to happen. That intimidation stood until she spoke to Detective Reyes and realized there were other victims.
• Jane Doe #3 was in a relationship with Masterson. The first year was wonderful, then the abuse and fear started. He physically abuses her, he verbally harassed Jennifer Esposito while holding her hand, repeatedly rapes her, he spits on her and called her white trash.
"She believed the church had a justice system that could handle this. You report this. There's a handling process. he's going to get help. She wanted him to get help. That's all she wanted...he's providing a roof over your head, he's financially supporting you. So in exchange, you give him sex whenever he wants.
That was confusing for her. She believed what these ethics officers were telling her. They were saying, it's not a rape."
• Jane Doe #2 was a friend. Masterson ordered her to come over then allegedly drugged her. Even though she said no sex, he raped her. "Remember, with Mr. Masterson no never means no. Despite that condition on the upfront, he was going to have it his way."
She stayed and chatted with him, stayed in his friend group. "Ladies and gentlemen, these things are not black and white. Everyone does not process it the same. And it is a process..."I could not think of it like rape, that would have made my life horrible. I knew that would sink my whole emotional life. It was too much to process. I had to make it something else to survive it." That's exactly what Dr. Mechanic told us. That's the mechanism, it's almost like a self-preservation mechanism."
• The prosecution went into the violation of rape: "Rape is a very personal, deep, deep invasion of your body. When you think about someone breaking into your home, taking something, you have this unsettling feeling of someone invading your home. Imagine that happening to your body. It's a huge, devastating invasion. And it's not easy to handle. and for some much more difficult than others."
• Jane Doe #4 was a co-worker and didn’t know how to process her assault. She continued to meet up with Masterson and his brother Chris, she went to see Masterson DJ. "She said, he was still part of my work. He would sometimes be on auditions, they still had that circle of friends. To go and say, you're a rapist and I'm a victim, there are implications for that."
• "Ladies and gentlemen, you've heard the evidence, you've heard the testimony. Each of these victims have come forward and given testimony, it's not an easy thing to do...But they did it.
I submit to you that the evidence in this case proves that the defendant is guilty beyond a reasonable doubt in each of these counts. The forcible rape of Jane Doe 1, the forcible rape of Jane Doe 2, and the forcible rape of Jane Doe 3.
I am confidence that each of you can reach that conclusion."
Defense:
• The prosecution wants to win so bad, they have ignored the obvious contradictions and lies from each of the Jane Does.
"You all could look at the criminal justice system in one of two ways. One is, if someone gets on the stand, raises their hand, and says something, that's enough. It doesn't matter about inconsistencies or fabricate facts. As long as they say the words, that's all that matters. But that's not what you have to go by."
• The defense says it's maddening and horrifying for the prosecution to ignore lies and contradictions. He likes the prosecution lawyers but they put men like his sons in danger.
• "The first jury instruction that permeates everything that happens in a criminal trial: Proof beyond a reasonable doubt...But what is important to take from here, the fact that a charge has been filed is not fact that it is true. That's the presumption of innocence."
• The jury doesn't have to like Masterson or Scientology, they just need to consider the evidence and whether it leads to an abiding conviction.
"You must decide the facts. It is up to you alone to decide what happened...You must not allow bias, or public opoinion, to affect your decision in People of California vs Daniel Masterson. You know who's not on that title? The Church of Scientology."
• The defense suggests if there are inconsistencies, then there cannot be a conviction. To think about revenge and jealousy.
• The Jane Does say one thing then claim they forgot when confronted with conflicting evidence. If the Jane Does are not credible, then a conviction cannot happen.
• Secondly, "We need to look at the definition of rape. There's really two elements at issue here. One, for it to be rape by force, the woman did not consent. But separate from consent, the defendant accomplished the intercourse by force or fear. It's not enough for someone just to say no, that is not rape by force. Remember there are two crimes. One, consent. And two, you need to use force to accomplish it.
Citing the law: Uses enough physical force to overcome will. It's not "no, no, no" and then had sex. It's not even enough to have intercourse. It's physical force to overcome their will.
The defendant is not guilty if he reasonably believed he had consent, even if he's wrong."
• Too much has been said about Scientology and harassment and intimidation have not been proven.
• Masterson is being portrayed as a monster, yet every Jane Doe continued to interact and stay engaged with him.
• Jane Doe #4 waited 23 years to come forward. Jane Doe #1 said she had consensual sex in 2002 but called it rape 19 years later, same with Jane Doe #2. Jane Doe #3 drank too much, couldn't remember, was embarrassed and now it's rape.
• "The gist is, three women say they were raped. I get the gist. What matters is consistency and logic and proof beyond a reasonable doubt."
Prosecution Argument
• The defense is focusing on speculation and they are focusing on evidence.
• Scientology cannot be avoided in this case. "It has played its role in the rules it has in place that has caused these victims to act in certain ways. Fear of going to law enforcement. Preparing or giving certain statements about what is rape and what is not a rape. Don't use that word. Don't report to anyone or you're going to be declared...There are no charges against Scientology, but you can't avoid it."
Source, two