Harvey Weinstein Retrial Ends in Mistrial After Jury Deadlocks on Rape Charge

Harvey Weinstein’s New York rape retrial ended in a mistrial Friday after jurors failed to reach a unanimous verdict on a rape charge involving hairstylist and aspiring actor Jessica Mann, whose allegations were part of Weinstein’s 2020 Manhattan conviction.

Judge Curtis Farber declared the mistrial after the Manhattan jury twice informed the court it could not reach a unanimous verdict. Farber instructed jurors to continue deliberating after their initial note, but the panel later told the court that no one was likely to change positions.

The former Hollywood producer became the subject of criminal prosecutions in New York and California after multiple women accused him of sexual misconduct in 2017. Weinstein was convicted in Manhattan in 2020 on charges involving Mann and another accuser, but New York’s highest court later overturned that conviction after finding jurors improperly heard testimony about allegations outside the charges being tried.

Weinstein was retried on charges tied to Mann’s allegations that he raped her during a 2013 encounter at a Manhattan hotel. Emails, messages, and testimony presented during the retrial showed Mann and Weinstein remained in contact after the alleged assault.

Defense attorneys argued the continued relationship supported their claim that the encounters were consensual and later weakened the prosecution’s case, while prosecutors argued ongoing communication between the two did not invalidate Mann’s allegations. The retrial largely turned on competing interpretations of Mann’s relationship with Weinstein after the alleged assault and whether prosecutors proved the allegations beyond a reasonable doubt.

New York prosecutors needed all 12 jurors to agree that Weinstein was guilty beyond a reasonable doubt before he could be convicted.

Because jurors never reached a unanimous verdict, prosecutors can still seek another trial. Under constitutional double jeopardydouble jeopardyDouble jeopardy is the constitutional protection that generally prevents a person from being prosecuted or punished more than once for the same criminal offense. The protection appears in the Fifth Amendment and applies to both federal and state prosecutions.Read more → protections, prosecutors generally cannot retry someone after an acquittal, but different rules apply when a jury deadlocks without reaching a final decision, often called a hung jury.

Mann said in a statement after the mistrial that the outcome did not change the truth of her allegations and described the retrial as painful and public. Weinstein has denied assaulting anyone.

Weinstein remains incarcerated on a separate California sex crimes conviction. A hearing is scheduled for June 24, when Manhattan prosecutors are expected to address whether they plan to pursue another trial. Prosecutors also said they would consult with Mann before making that decision.