Harvey Weinstein’s Rape Retrial Ends in Mistrial
The retrial of Harvey Weinstein for rape in New York concluded with a mistrial on Friday, following a jury deadlock. This event represents yet another setback for prosecutors within the context of the #MeToo movement.
Early signs of trouble appeared on the third day of jury deliberations when the panel alerted Judge Curtis Farber that they were unable to reach a unanimous decision. Despite the judge urging them to continue their discussions, the jury quickly communicated again, stating that no one was willing to change their stance, leading to the mistrial.
This outcome leaves the specific charge of third-degree rape unaddressed for a second year, as a jury had also been unable to reach a verdict on the same charge over Jessica Mann, the accuser, in 2025.
“After hearing the testimony three separate times, and after two different juries were unable to reach a unanimous decision, maybe it’s time for the District Attorney to stop retrying the same case and focus resources on the actual crimes impacting New Yorkers every day,” said a spokesperson for Weinstein.
The Manhattan jury was assigned to determine whether Weinstein raped Mann in a hotel room in 2013, during a tumultuous period in their relationship. This allegation was previously included in Weinstein’s 2020 conviction, which was later overturned by an appeals court. A retrial in 2025 also faltered, with jurors struggling over Mann’s allegations, leading to the current standalone trial.
Throughout the proceedings, Mann testified that, while she did engage in some consensual encounters with Weinstein, he forced her into unwanted sex on the day in question after she turned down his advances multiple times. Weinstein’s defense, however, focused on the fact that Mann continued to maintain contact with him after the alleged incident, citing messages where she conveyed warmth towards him.
Mann maintained that she experienced complexity in her feelings about Weinstein and the incidents, but her viewpoint shifted dramatically in 2017, spurred by the wave of public allegations against him that fueled the global #MeToo movement and resulted in criminal charges in both New York and California.
After the mistrial, Manhattan District Attorney Alvin Bragg expressed disappointment but acknowledged his office’s respect for the judicial process. A court hearing has been arranged for June 24th to assess whether prosecutors will pursue a fourth trial on the outstanding charge.
