Prosecutors drop Harvey Weinstein rape charge after accuser declines fourth trial
Manhattan prosecutors on Thursday moved to dismiss a third-degree rape charge against Harvey Weinstein after accuser Jessica Mann said she could not endure testifying again, ending a case that had seen one overturned conviction and two hung juries.
The charge and the accuser
The dismissed charge concerned an allegation that Weinstein raped hairstylist and actor Jessica Mann in a Manhattan hotel room in 2013. Mann testified that she repeatedly tried to leave and said no to any sexual activity as Weinstein cornered her and demanded she undress. She recounted that she eventually stopped protesting out of fear.
Mann had also acknowledged a consensual, on-and-off relationship with Weinstein, who was married at the time. Weinstein's defense relied on friendly text and email exchanges between the two, arguing they were involved in a consensual relationship.
After a lot of thought and reflection, I have chosen not to proceed with a fourth trial against Harvey Weinstein. It was clear to me at this last trial I could no longer endure going through this any longer.
The legal history
The case had followed an unusually protracted path. Weinstein was convicted in 2020 of raping Mann and sexually assaulting production assistant Miriam Haley, receiving a 23-year sentence. The state's highest court overturned that verdict in 2024 on a 4-3 vote, ruling he did not get a fair trial due to witness-handling issues.
At a June 2025 retrial, Weinstein was convicted again of assaulting Haley, but jurors deadlocked on Mann's allegation. Prosecutors tried a third time this spring, with a trial that ended in another mistrial on 15 May. The charge was a low-level felony punishable by up to four years in prison, less time than Weinstein has already served.
- Jessica Mann alleges Weinstein raped her in a Manhattan hotel room.
- Weinstein convicted of raping Mann and assaulting Miriam Haley; sentenced to 23 years.
- New York's highest court overturns the conviction in a 4-3 vote, citing witness-handling errors.
- First retrial: Weinstein convicted again of assaulting Haley, but jury deadlocks on Mann allegation.
- Second retrial ends in mistrial after jurors again cannot reach a unanimous verdict on the rape charge.
- Prosecutors move to drop the charge after Mann declines to testify in a fourth trial.
The human toll
The latest trial took a visible toll on Mann, 40, who testified for five days. She faced questioning for the first time about a diary-like note she wrote two days after the alleged rape, which did not explicitly mention the incident. At one point during her testimony, Mann said she was struggling to focus, prompting the court to wrap up early for the day.
Weinstein, 74, also reported chest pains during jury deliberations in the most recent trial, causing another early end to court proceedings. He was seen with a neutral expression as court officers wheeled him out of the courtroom after the formal dismissal.
Prosecution and defense reactions
Manhattan District Attorney Alvin Bragg said his office believes Mann's account and commended her credibility. Prosecutor Nicole Blumberg praised Mann's "bravery, strength, courage and inspiration" to other survivors. The office also asked Judge Curtis Farber to sentence Weinstein to 20 years in prison on the separate Haley assault conviction.
To be clear, we believe Ms. Mann's account and her credibility as a witness. This has been an extraordinarily taxing ordeal for her, and she has never wavered while testifying in front of two grand juries and three trial juries over the course of eight years.
Weinstein's spokesman Juda Engelmayer said the former producer was relieved and that the case should never have been brought had grand jurors seen the full scope of communications between Weinstein and Mann. Defense lawyer Jacob Kaplan said the interests of justice would never have called for bringing the case.
Harvey is relieved by today's outcome. We believe this is the result that should have been reached from the outset, had the grand jury been presented with the full scope of the emails, text messages and other private communications.
Weinstein's remaining convictions
Weinstein remains behind bars despite the dropped charge. He is serving a 16-year prison term from a separate Los Angeles rape conviction involving a European actress, which he is appealing. He was also convicted in New York for sexually assaulting Haley, with prosecutors now seeking a 20-year sentence on that charge. His lawyers plan to argue for a lower sentence, citing his conduct as a model inmate.
More than 80 women have accused Weinstein of sexual harassment or misconduct since investigations by The New Yorker and The New York Times in 2017 laid bare a series of claims that triggered the global #MeToo movement. Weinstein has denied all accusations.
