Danny Masterson Rape Case: What Happens After a Mistrial?

The case against That '70s Show's Danny Masterson was declared a mistrial on Wednesday, leaving some to wonder what's next for the embattled actor.

The star's retrial has been set for next March, per NBC, meaning that the 46-year-old could still spend up to 45 years behind bars. He stands accused of sexually assaulting several women in the early 2000s but maintains his innocence.

Legal experts told Newsweek as the trial began in October that both Scientology and the #MeToo movement would be factors in his case. Three of Masterson's alleged victims had reportedly been part of the Church of Scientology, of which he's still a member.

In a joint statement to Newsweek,several of the plaintiffs expressed their disappointment in the outcome but added that they are "collectively resolved to continue our fight for justice."

"This legal fight is far from over, and it is critical that we reckon with Scientology's alleged role in covering up reports of abuse and threatening victims," the statement continued.

Criminal defense attorney Joshua Ritter told Newsweek what to expect following the mistrial.

What Happens After a Mistrial?

Ritter explained that the most common way that a mistrial is declared is when the jurors are at a deadlock, like what happened with the Masterson case. Commonly called a "hung jury," it's when members can't come to a unanimous verdict.

Still, Ritter said, he doesn't know what the prosecution would do differently the second time around: "All of their witnesses testified. No one recanted on the stand. There wasn't any huge missteps for the prosecution."

Ritter noted that there was a long delay in reporting the crimes, and jurors might have wondered what took the alleged victims so long to come forward.

Secondly, he said, the Scientology component may have played a role in the mistrial. It's possible that certain jurors felt that this was "more of a vindictive thing against the church than it was about actual sexual assault against" the alleged victims.

And as for what happens after a mistrial?

"It's up to the district attorney's office to decide whether or not they want to retry the case. Now, in some cases, a judge can intervene and decide...'This is the end. I'm dismissing the case,'" Ritter said. "It's rare though, because usually they leave it up to the district attorney's office."

He continued: "And in cases like Masterson's, where you have such an even split—in fact, it was a split mainly tilted toward 'not guilty'—it's a difficult decision whether or not they want to retry it, because do they want to put these women through this whole ordeal again?

"As much as we might think they consider costs, they don't consider cost. It's really about: Do they feel that they will be able to prevail at a new trial?"

The attorney also described Wednesday as a "win" for Masterson's team. Although #MeToo cases can inflict reputational harm, he said, "there's a big difference between that and what can actually be proven in trial."

"I don't think Danny Masterson will ever fully recover from this as far as his career goes," Ritter said. "It wasn't a flat-out acquittal, but it's about as close as you can get as far as being able to prevail in trial."

Newsweek reached out to Masterson's legal team for comment.

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