Harvey Weinstein rape trial ends in mistrial, jury deadlocked on third-degree rape charge
Synopsis
Three juries, three deadlocks — and still no verdict on the same charge. Harvey Weinstein's rape trial ended in a mistrial again on 16 May, with jurors unable to agree on the third-degree rape count involving Jessica Mann. Prosecutors now have 30 days to decide whether to attempt a fourth trial, as Weinstein remains incarcerated and his Los Angeles conviction stays on appeal.
Key Takeaways
Judge Curtis Farber declared a mistrial on 16 May after jurors deadlocked for the third time on a third-degree rape charge against Harvey Weinstein .
The charge relates to allegations by Jessica Mann , who says Weinstein forced her to have sex at a Manhattan hotel room in March 2013 .
Prosecutors have 30 days to decide whether to pursue a fourth trial on the count.
Weinstein, 74 , has been incarcerated since his first rape conviction in 2020 ; he was also sentenced to 16 years in a separate Los Angeles case in 2023 , which is under appeal.
His conviction for sexually assaulting Miriam Haley stands; sentencing on that count is on hold pending resolution of the Mann charge.
A Los Angeles judge declared a mistrial in Harvey Weinstein's rape trial on 16 May after jurors failed to reach a verdict on a charge of third-degree rape — the same count on which two previous juries also could not agree. The deadlock, reached after three days of deliberations, leaves the case unresolved for the third time on this specific charge.
What the jury could not decide
Judge Curtis Farber declared the mistrial after jurors signalled they were hopelessly deadlocked. The count in question relates to allegations by Jessica Mann, an aspiring actress, who alleged that Weinstein forced her to have sex at a Manhattan hotel room in March 2013. Mann testified for five days in this trial, repeating allegations she had presented to two earlier juries.
Judge Farber has given prosecutors 30 days to decide whether to pursue a fourth trial on the charge. Sentencing on Weinstein's existing conviction has been held in abeyance until the remaining count is resolved.
Weinstein's conviction history
Harvey Weinstein, now 74, has been incarcerated since his first rape conviction in 2020. He was convicted last June of sexually assaulting Miriam Haley, after the New York Court of Appeals overturned his original guilty verdict. At that same trial, the jury could not reach a verdict on the Mann rape charge, prompting this third attempt at prosecution.
Separately, Weinstein was sentenced in 2023 to 16 years in prison following a rape conviction in Los Angeles — a verdict that is currently under appeal. In the Los Angeles case, he was convicted of raping an Italian model during a film festival in February 2013. His attorneys have denied that encounter occurred and have argued that the trial judge improperly withheld evidence.
The defence argument
Weinstein's legal team contended that Mann had a consensual relationship with the producer, pointing to friendly messages she sent him — including notes with phrases such as 'Miss you, big guy' and 'Appreciate all you do for me.' The defence used these communications to challenge the credibility of her account of a forced encounter.
At the trial the previous year, Weinstein was acquitted of sexually assaulting a third woman, Kaja Sokola, adding further complexity to the legal landscape surrounding the disgraced producer.
What happens next
Prosecutors now face a consequential decision: retry the case for a fourth time — an undertaking that would again require Mann to testify — or drop the charge. Legal observers note that three hung juries on the same count is an unusual and significant signal about the evidentiary difficulty of securing a unanimous verdict. Judge Farber's sentencing of Weinstein on the Haley conviction remains pending, contingent on the outcome of this unresolved count.
Point of View
Suggesting that the evidentiary record, complicated by the friendly messages she sent Weinstein, creates reasonable doubt in a portion of jurors every time. Prosecutors face a genuine dilemma: a fourth trial risks a third acquittal-by-deadlock, further undermining the broader accountability narrative of the #MeToo era. Yet dropping the charge hands Weinstein's defence a symbolic win. What mainstream coverage underplays is that Weinstein is already incarcerated and faces a 16-year Los Angeles sentence under appeal — the Mann count, while legally significant, may matter more symbolically than practically to his time served.
NationPress
30 Jun 2026
Frequently Asked Questions
Why was Harvey Weinstein's trial declared a mistrial?
The trial was declared a mistrial on 16 May because jurors were unable to reach a unanimous verdict after three days of deliberations on a charge of third-degree rape. This is the third time a jury has deadlocked on this specific charge, which relates to allegations made by Jessica Mann.
What happens to Harvey Weinstein now?
Weinstein remains incarcerated. Prosecutors have 30 days to decide whether to retry the case for a fourth time on the Mann charge. Judge Curtis Farber has deferred sentencing on Weinstein's existing conviction for sexually assaulting Miriam Haley until the unresolved count is settled.
Who is Jessica Mann and what did she allege?
Jessica Mann is an aspiring actress who alleged that Harvey Weinstein forced her to have sex at a Manhattan hotel room in March 2013. She has testified on these allegations across three separate trials.
What other convictions does Harvey Weinstein have?
Weinstein was convicted of sexually assaulting Miriam Haley in New York after the Court of Appeals overturned his original 2020 verdict. He was also convicted of rape in Los Angeles and sentenced to 16 years in prison in 2023; that verdict is currently under appeal.
What was the defence's argument in the latest trial?
Weinstein's defence argued that his relationship with Jessica Mann was consensual, citing friendly messages she sent him, including phrases such as 'Miss you, big guy' and 'Appreciate all you do for me.' The defence contended these communications undermined her account of a forced encounter.
