JANE DOE 2 DESCRIBES BRUTAL RAPE: Danny Masterson Trial, Day 13, lunch break report

[This report was produced live during a court hearing with a lot going on. There will be typos. Please don't email us about typos that you find.]

Late morning session.

Didn't get a chance to mention that during the early session, Allison Hope Weiner sat down in the gallery. It's so nice to see her again. We made a few appearances on her cool show at LipTV back in the day. (Full disclosure, we worked as an executive editor there for a short while.)

Jane Doe 2 back on the stand.

Mueller: You were telling us about what was happening while you were in the shower. You have mentioned the kissing and maybe fingering that you were just trying to control. That evening when you went there, was there one thing for you that was an absolute boundary for sexual contact?

Yes.

What was that?

It was absolutely no intercourse. 100 percent. I was not OK that. But I have to say I was not ok with anything more than a kiss. But that to me would have been the worst case, for him to enter me in intercourse. But I didn't want anything beyond kissing.

What happened after being in the shower?

We went into his room. He said, go get in my room, go get in my bed, something like that.

How did you respond?

I was just at this point obeying him. He had just raped me in the shower and I did not really know what to do other than obey him now.

Did you have concerns about going to the bed?

Yes.

Can you tell us what you were thinking?

I was thinking, well, maybe I can manage it. This was my headspace. I could tell him again, we cannot have sex. Maybe I can control this part. We can just kiss and I can control something and this would be enough for him. I kept thinking like that.

So did you go to his bedroom?

Yes.

And you got onto his bed?

Yes.

[Mueller shows photo of bedroom.] Recognize that?

Yes, that was his bedroom.

Does this accurately reflect what it looked like in 2003?

Yes, but I think the sheets were a different color.

But as far as the layout, that's how you remember it?

Yes.

Did you tell him anything or express conditions once you got onto the bed.

Yes. We were making out, kissing heavily on the bed, and I think I said this is getting heavy, and I was kind of pleading with him. Please, Danny, we can't have more sex. Can you promise me? And he said yeah. And there was more heavy making out. I was pleading.

When he said OK, did you have an understanding that he understood you?

Yeah. He said yeah, ok, ok. And I said, please, we cannot have intercourse. This is getting too much for me already. I said promise me, and he said OK

What happened next.

We were making out more, and he said look at your face. He was fingering me, and he said look at your face. He said something about my face.

When you were on the bed at that time, do you recall what you were wearing?

I don't know. At that point I don't know.

What about him?

I don't remember. I think I was almost naked at this point, and it was why I was pleading with him. Please, please, we're going too far already. Please, please.

Do you remember how you were position on the bed, looking at the photograph?

Yes. He was over me, kind of kissing me. And I was saying please, Danny, we cannot have intercourse.

From that photograph, it looks like there's a headboard under the painting on the wall, and a footboard, where that little bench is, correct?

Yes.

Do you recall where your head was positioned at that time?

I thought it was up by the pillows.

And how are you laying. On your back?

I thought I was initially laying on my back when I was pleading with him.

How as his body positioned in relationship to yours.

It's hard for me, I just remember this part of pleading with him. I was laying here and he was over or on the side (gesturing.)

(Mueller describes her gesture, that he was above her.) What happened from this point on?

I was pleading with him. We were making out heavily, he was fingering me, he said look at your face, and I was saying we can't have sex. And I don't know if i was moving up a little, but then he said "That's it." He said that, "That's in." And he flipped me over, like fast, and he just started pounding me from behind, really hard.

Do you remember how much you weigh then?

I was 5-8 and I weighed 122, 123 pounds?

How did he flip you?

I remember it as, he said "OK, that's it," and he flipped me over grabbed my hips and was thrusting from behind.

He flipped you from your back on to your stomach?

To my hands and knees. It may have been because this is the problem I don't remember, I remember being on my back and pleading with him, and something then happened, and he was standing, and then he flipped me, and I was on the bed and he just started doing that.

He was standing the bed or off the bed?

I thought he was off the bed. He was over me, but then he was standing and he said "That's it." I'm sorry I don't remember that more exactly.

So he was standing next to the bed?

Do you want me to point?

Sure. There's a pointer ther.

(She points to the right side of the bed, and Masterson standing off the right side of the bed.)

So he was standing there when he flipped you.

Or he may have been near me, all I know is he flipped me over fast and went in fast.

OK. When he flipped you, as best you can remember, you landed on your hands and knees, was your head facing the same direction?

Oh no, now I was facing the door, and I was on my hands and knees, and he was here.

So you're describing sideways, with your head facing the door.

Yes, on my hands and knees.

And where was he holding you?

My hips.

And how was his body positioned.

He was standing, holding my hips.

So his feet were on the ground at that time?

I thought so.

So did your hips get pulled over by the edge of the bed?

Yes. He was pulling me like that. He was thrusting. And he was holding me down so he could thrust really hard.

So was he penetrating you?

Yes.

What part?

His penis.

And what part of you was being penetrated.

My vagina.

And what was your reaction.

I was shocked. And I was like, Oh my god, what are you doing, I told you not to do that. I told you not to do that. What are you doing? I just was like, I can't believe you're doing that. I told you not to do that. And I looked back. And I said, OH MY GOD! And then on top of that he didn't have a condom on and that freaked me out too. I just said, if you're not going to listen to me I guess you have to put on a condom. I told you we can't do this. And he was going and going. And he said, OK. And I don't know if he put on a condom, but that wasn't the fucking point. I couldn't believe he was doing that.

And what did he say?

He said OK, and I don't remember if he put on a condom or not. I thought that he might have put one on. I have a vague memory of him saying OK, OK, and him putting one on. But I don't know.

So you're not sure if he did.

That's right.

What happened next.

He was pounding me hard. It really hurt. It felt like he was hitting my cervix. And I started to vomit in my mouth. And I was just swallowing back vomit because i didn't want to get it on his sheets. And he was just pounding and pounding, like a jackhammer. it' was just BOOM BOOM BOOM. And it really hurt. And fast.

What happened next.

I don't remember everything there. There was other stuff but I don't remember everything.

Did he ever put you in another position?

During the time of him going really fast, he would flip me over. There was a lot of flipping.

So after he flipped you toward the door, he flipped you again?

Yeah, I think he flipped me back on my back. I think there was more flipping. I don't know it just hurt.

Was there more penetration after he flipped you again?

Yes.

So would there be times when he penetrated you, pulled out, stopped, and then penetrated you again?

Yes.

I know this is a really hard question but, how many times do you think it happened.

Many times. And then more in the night. Sex stuff.

So that last part?

I think many times but it's hard for me to say. And more stuff happened.

And when you say more stuff?

I have vague recollections of other sex stuff. The night was really long. And there's more I have vague memories of.

His penis ever make contact with your mouth?

I think so.

At what point in time?

I think after the pounding. I think? After the pounding. I don't know. That's very hard, but I know there was oral sex on both and that is very hard to remember.

On both, so he performed it on you?

I think so.

Did his penis ever make contact with your anus?

No. I don't think so.

While this flipping was going on, how were you feeling at that time?

Awful. Out of it. Scared. In pain. And like just like a rag doll. Just not in charge of my faculties, my self. Just kind of limp and it hurt. I just felt like spent from everything, like exhausting.

What you were feeling, out of it, is this a continuation of what you had been feeling earlier?

Out of it, yes.

Did he ejaculate at some point?

Yes.

Tell us about that.

At some point he like ejaculated, came onto my stomach, and said, wait right there, I'm going to get a hot wet towel, like he was suddenly pretending to be a gentlement. And he went and got it and wiped down the come.

How was your body feeling when this was over?

I just felt very weird. It hurt there but in the time of being in the room, being there, it was all just so much. It wasn't just one feeling. I was overwhelmed, was my main feeling. And trying to make it not be what it was, and pretend to myself. I was overwhelmed, I was confused. I was trying to arrange in my head so it would not be violent in my head. Like, this is, I don't know how to explain it. I was overwhelmed.

Was there something you were trying for it not to be?

I wanted it not to be rape. For so many reasons.

Why?

Well, we were in the same church. And I didn't want to think someone in the church I was friendly with a rapist. I also emotionally could not process at the time a rape. I did not know how to process that. I did not have the mental landscape, at that age, to understand that. And in the church he was considered more important than me. There were so many reasons I could not think of it like rape. That would make my life horrible, even if we had not been in the church were you’re not allowed to accuse someone of anything against the law like that, I also, even if we had not been in the church I didn't want to think of it as rape because that would sink my entire emotional life, having to process that, the shame. It was too much to process. I did not have enough support in my life, either, to process something like that. So there wasn't a way to think about it. I had to make it something else to survive it.

Then what happened.

There was more sex, and we started talking on the bed. I was trying to make it softer, more romantic, calm. I was trying to make it mild. And we were talking together on the bed. And more talking.

As you're talking together, was there a discussion about what had just happened? Did he say something to you about it?

No. He talked about himself.

What do you recall?

He said, oh I said I hadn't had sex with many people, and he was surprised. I said I was a virgin until I was 22. He said, oh my god, that's barely anybody. He started talking about getting, I just had a 2D sec check, so I'm clean. I was having crazy sex. I was in Hawaii I had a threesome. but I had a 2D sec check I'm good.

Can you explain that?

In the church they have a security check, it's like a confessional, but they do it with the E-meter, which is essentially like a lie detector. And in this confessional you're supposed to say what you've done, even thoughts you've had, that are non-optimum for what's you and for humanity. And by confessing yourre to be more clear and fit to be accepted in the world and by the church. And "2D" is the second dynamic, the dynamic of sex or family.

Do you recall what time you left?

It was about five in the morning, six in the morning. It was just dawn.

And you walked home?

Yes.

Did Mr. Masterson say anything to you as you were leaving?

Well, we were also, I forgot, we talked on his bed we also talked on his balcony.

The balcony is upstairs?

It's off the bedroom.

What did he say?

He just said, you're a very passionate person. And I was like, he also said I was neurotic. And both of those things are true. He said you're very passionate, and I said, so are you, look you work so hard and look at this beautiful home and these things. No, not like you, he said, you're a very passionate person I'm not like that. On the bed he also mentioned Mila Kunis.

What he did say about that? (Obj, sustained)

When you are on the balcony, at that time, do you believe you were understanding what had happened. (Obj., overruled)

Yes and no.

Can you explain.

I wasn't allowed to think of it that way because of the church. And I didn't want to think of it that way becasue of what it would mean for me, because i was in the church. I was really tryign to re-contextualize it for myself, and for it to be safe for our church. I was trying to recontextualize it as something different. During and definitely after, so I wouldn't think of it as rape. I also, at the time, had a very naive understanding of what a rape was. I had that common conception of what you see in films, someone jumping out of an alley and hitting you, even though I knew in my gut what had happened was wrong. And I had to survive it, and to survive it in my community I had to think of it otherwise.

After leaving the house in the morning, did you have any contact with him?

Yes.

Do you recall the first time?

A week after, a few days. I had expected, because I had tried so hard not to think it was rape, so I expected him to call me. I wanted confirmation it wasn't rape, I needed the confirmation, and he didn't call. So I called him.

What did you tell him?

I just said, hi, and why didn't you call me? He didn't say much. And I said I really liked you and you really liked me. And he said he was really busy and he hung up.

Did you have feelings for him, as liking him?

No, it wasn't like that. It was about recontextualizing it as romantic. He wasn't my type anyway. I only wanted him to call me to confirm that it wasn't rape. There had to be a reason for him to act that way. It's very hard to articulate.

Did you have thoughts at that time that he was interested in you?

Only becaues of how aggressive he was, and that focusing, and Ilaria telling me, she'd never seen him like that. I kind of couldn't parse for myself his intent which was so focused on me, and liking me. I was young and those things weren't distinctive yet.

As you see it now do you feel differently?

Of course. Absolutely to me it was rape and he was like a predator and as an adult women to have time to see those distincttions and contrasts between someone having affinity for you and someone targeting you like you're a piece of meat.

Do you recall the second contact?

Yes. I'm not sure the order. One time I was at a part of Scientologists, he wasn't there. I was kind of drunk. And I decided to call him. I said, I know you so and so, this guy, I like him I have a crush on him, you need to set it up. YOu owe me after all that went on.

How did he respond?

He said no and hung up.

Do you recall another time?

Yes. I was working for this gentleman, Ari? or something, and he was a vintage art dealer of antiques and Russian eggs, and he asked me, my boss, and he asked if I knew anyone who collects art. I thought of Danny. This was years later. I called him and told him about it and would he be interested and he said no.

That was the extent of it?

Yes.

That phone call you made from the party, how old were you?

I don't know. It was not far after the night.

Was there another time?

Yes. So some people I knew were performing at a space in Hollywood, Space 1520, across from Amoeba Records, and nobody was Scientologists. This 2008 or 2007 or 2009, there were just some friends performing, and after everyone finished singing, it emptied out. I turned around and it was just Danny. He was staring at me, like a hole in my head. And he looked pissed. I said, how is Ilaria? He said fine. He looked like he wanted to kill me.

Anything else said?

No.

(Mueller asks Judge Olmedo if this is a good time to break. She says yes, and we'll take our lunch break. Jury filing out. Then Jane Doe 2.)

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