By Nicole Clay

News headlines, articles, cases, broadcasted evidence- the loudest part, but still only one part of what a survivor may go through. Any survivor, but especially a survivor of a sex crime such as sexual assault or sex trafficking, knows that the news does not cover everything. The public does not know the depth that these horrific events have on their lives. The news is a double edged sword. Survivors who do receive news coverage face unwanted scrutiny by the public and those who do not receive news coverage may not receive the same support to get justice. The headlines have recently been focused on the Danny Masterson case. Danny Masterson, star of ‘That 70’s Show,” was tried for three counts of rape and convicted on two counts on May 31, 2023 [1]. On September 7, 2023, he was sentenced to 30 years to life, the maximum allowed under law [2]. The conviction alone went against the odds and obstacles that many survivors face.

While Masterson is facing justice in 2023, his crimes were committed in 2003 [3]. Sadly, it is not unusual for it to take a lengthy period of time before a case reaches an arrest or conviction, if it reaches that point at all. Survivors are often blamed or treated as if they did something wrong when they seek support. Twenty percent of survivors of crimes involving sexual violence gave fear of retaliation as a reason for not reporting the crime [4]. This is not an unfounded fear. N. Trout, a survivor from the trial, and member of the Scientology church where she and the other women met Masterson did not report to the police or church, but to her mother and best friends [5]. Trout had people she expected to support her; however, Trout was instead abandoned. Trout’s mother told her she wanted justice and to see her daughter’s attacker put behind bars, but not at the expense of her religion [6]. In fact, Trout “felt sufficiently intimidated by the repercussions” of reporting a member of the church when her mother texted her and told her to never contact her again [7]. Trout was not alone as Jen. B. did disclose the abuse to church officials and requested permission from them to report it [8]. In response, Jen received a policy letter that raised fears that she may be ousted from her family and friends if she were to report a fellow church member [9]. Turning to an authority such as church leadership instead of law enforcement in the hopes of finding support is common, as 8% of sexual assault survivors report not making police reports because they relied on another authority [10]. Jen did report the abuse to law enforcement in 2004 and her fears of being ousted came true [11]. She said she felt like she had to start her life over at 29 [12]. Tragically, the report that cost Jen her family did not lead to any arrest or conviction [13]. It was not until 2016 that Jen was able and willing to come forward again when Masterson was under investigation for a different rape [14]. The period between the sexual assaults and the start of the investigation in 2017, which would lead to conviction, was described by the women as a time where trauma plagued them, hurting their relationships and filling them with fear [15]. The recent sentencing helped bring them relief and shed them of shame, but the weight of coming forward and facing blame throughout the process cannot be understated [16]. The Amara Legal Center recognizes the challenges inherent in reporting sexual assault, sex trafficking, and other crimes. Amara stands with survivors as they seek justice through the legal system.

It is no secret that society and institutions fail survivors in many ways, so we celebrate survivors’ resilience and strength as they come forward and pursue legal relief. Survivors who speak up and risk backlash play a fundamental role in preventing further abuse by the same perpetrator and in illustrating hope for others who may also consider speaking out. Unfortunately, Jen’s 2004 police report did not lead to closure or a route to justice. If Bixler had not come forward in 2016 with her accusation of rape, Masterson would still be out on the streets with no accountability for his actions. Bixler accused Masterson of sexually assaulting her when they dated while Bixler was 18 years old [17]. Bixler’s voice spurred action from the other women like Jen and Trout and helped put the investigation into Masterson in motion. A single voice can have a domino effect, influencing others, giving strength, and giving others the knowledge that they are not alone. It is important to note that these women are truly not alone as 1 in 5 women in the United States have experienced a completed or attempted rape [18]. Reports show that about half of female survivors were raped by an intimate partner and about 41% were raped by an acquaintance [19].

Danny Masterson is the latest of famous and powerful men being charged with sex crimes. Masterson joins Harvey Weinstein, Mike Tyson, and more who have been convicted and are facing the consequences of their crimes. When someone is in the spotlight, beloved by fans, rich, and powerful, it can be even more intimidating and challenging to come forward. There is understandable fear of whether they will be believed in addition to societal victim-blaming, guilt, shame, fear of retaliation, and a lack of trust in the justice system, which can be made worse when faced with the loyal fan base of a celebrity. Fame and fortune do not allow for someone to be held to a different legal standard nor does it mean that a victim of a crime does not deserve justice. However, historically survivors who have come forward have not always been treated well by the media or public. The perpetrator would be able to get a low sentence and be viewed more positively than non-famous perpetrators [20]. The perpetrator may feel more confident about being able to get away with the crime. Rape myths also play a significant role in these situations where the public believes common misconceptions around consent, clothing, and behavior [21]. Those who are accused do not always fall from fame and popularity. These high-profile cases often stay in the headlines much longer and gain more attention, which is a strong deterrent for some survivors. Survivors in any case may face public backlash. For these high-profile cases, the news is more widespread and long-standing, which results in a potential increase in online backlash and victim-blaming.

These cases affirm the need for us to build community and support survivors. Community can bring strength for the long and turbulent road that many survivors face to find justice and relief. Join Amara in building community with survivors as we seek equity, healing, and hope.

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Nicole Clay is a third-year law student at American University Washington College of Law. Nicole completed a fall 2023 legal internship with the Amara Legal Center.