Danny Masterson, the former actor and star of That 70s Show, has been found guilty of rape in two incidents from the early aughts. Masterson pleaded not guilty to three counts of felony rape after accusations by three women, including a former girlfriend. He was found guilty of the first two, while the third ended in mistrial. Doubts about all three cases led to a mistrial once already.
News stories somberly, yet breathlessly, declared that he faces 30-years to life. Twitter chatter largely celebrated. “I hope he gets the full 30 years,” one user posted. Much of the reaction is fueled by excitement at the smackdown by proxy of the cult of Scientology.
But there’s nothing to celebrate here.
There’s clearly a trial penalty at work. That’s when a defendant opts for a jury trial over a guilty plea and the final sentence is virtually always harsher: A guilty plea offer is never “30 to life” because who would take that? And, in California, rape and spousal rape (yes there was a separate category with more leniency until 2021) are generally punished by 3, 6, or 8 years in prison. We can be outraged at Masterson’s gall in assuming his whiteness, wealth, and connections to Scientology would protect him. But it’s undeniable that he faces a much harsher sentence than he would if he hadn’t exercised his right to trial. So a more sensible target of outrage is the system compels the less privileged to take guilty pleas all the time because the alternative is too horrifying.
Beyond that, he’s not going to get 30 to life. On average homicide carries less time. So the judge will probably hew closer to the averages. That, in turn, will no doubt lead to outrage that he “got off easy” because he’s a white guy. Hell we’ll probably get conspiracy theories about powerful judicial Scientologists pulling strings behind the scenes.
To which I remind, once again, that any call for more, not less, incarceration, regardless of how well deserved, impacts the least privileged the most.
Our sense of time is perversely warped when it comes to prison. Five years behind bars? That’s one year more than all of high school or college. 10 years behind bars? Someone’s eight year old is an adult when they get out. In my opinion, the 20 years and over range—two decades enough time to skip whole stages of a life—should be reserved for first degree murder.
Am happy for (respectful!) disagreements in the comments.
Yes we don't bother looking at rape kits then throw the book at a high profile cases, the unfairness of which makes men and cops take rape less seriously at the day to day level.
Well also someway we'll resolve the tension between women's rights and criminal justice that = carceral feminism.
Great points, all. Just came out of FCP Beaumont. There's two types of people there. Those that pled and got short sentences, and those that fought and got 10-25 years.