New York Drops Last Weinstein Rape Charge As Jessica Mann Declines Fourth Trial Testimony

The 2020 conviction of Harvey Weinstein for raping Jessica Mann was overturned in 2024 by the New York Court of Appeals on procedural grounds, with the court ruling the trial judge improperly allowed testimony from other women whose allegations were not charged.
In the 2025 retrial, Weinstein was convicted of a criminal sexual act against Miriam Haley and jurors cleared Kaja Sokola on the related charge, while the Mann charge remained unresolved and led to a mistrial.
A mistrial on the Mann charge was declared in May after one juror refused to continue deliberating amid hostility among jurors.
During the Mann retrial, prosecutors questioned her about a diary-like note she wrote two days after the alleged rape, a detail that was not previously disclosed in the case.
Mann communicated her decision not to testify again in a written statement read aloud in court, saying she could not endure testifying a fourth time: "After a lot of thought and reflection, I have chosen not to proceed with a fourth trial against Harvey Weinstein."
Manhattan prosecutors dropped the remaining rape charge against Harvey Weinstein on June 25, 2026, ending nearly a decade of New York legal proceedings tied to accuser Jessica Mann ABC7. The move came after Mann said she could not face a fourth trial, telling the court: "It has nearly stolen a decade of my life and put me through more harm than good" Variety.
Weinstein, 74, will not go free. He remains behind bars due to a 2025 conviction for a criminal sexual act against former *Project Runway* production assistant Miriam Haley, with prosecutors recommending a 20-year sentence Deadline. A California rape conviction carrying 16 years also awaits him Yahoo News.
Weinstein was first convicted in February 2020 on two counts — rape involving Mann and a criminal sexual act involving Haley — and sentenced to 23 years in prison ABC7. But in April 2024, New York's Court of Appeals overturned that conviction 4-3. The court ruled the original trial judge made a critical error.
The error involved the "Molineux Rule," a legal standard that limits when a jury can hear about a defendant's past bad acts. Prosecutors had called women whose allegations were never formally charged, to show a pattern of behavior Variety. The appeals court said this unfairly "diminished the defendant's character" before jurors could weigh the specific charges 6ABC.
The 2025 retrial produced a split result. Jurors convicted Weinstein of the Haley charge but deadlocked on Mann's rape allegation Variety. A third trial focused solely on the Mann charge began in April 2026. On May 15, 2026, Judge Curtis Farber declared a mistrial after jurors deliberated for three days and said they were hopelessly stuck Deadline.
During the retrial, prosecutors questioned Mann about a diary-like note she wrote two days after the alleged 2013 rape. The note did not mention the assault — a detail the defense used to suggest the relationship was consensual Yahoo News. Mann had now testified before two grand juries and three trial juries over eight years ABC7.
Manhattan DA Alvin Bragg defended the dismissal as putting the survivor first. "We believe Ms. Mann's account," Bragg said, noting she "never wavered" across years of testimony 6ABC. His office called the repeated trials an "extraordinarily taxing ordeal" and said dropping the charge was the right call given her refusal to testify again Deadline.
Weinstein's team saw it differently. A spokesperson said he was "relieved" and argued the charges "should never have been brought to begin with," pointing to emails and messages the defense says show a consensual relationship Yahoo News. Over 80 women have made public allegations against Weinstein since 2017 Variety.
Prosecutors are pushing for a 20-year New York sentence tied to the Haley conviction. A sentencing hearing is expected in September 2026 Deadline. After that, Weinstein faces a 16-year California sentence for raping an Italian model in 2013 — though his legal team is appealing that conviction Yahoo News.
Weinstein's lawyers may also argue for a lighter sentence on health grounds. He has appeared in court in a wheelchair and is reportedly suffering from heart problems and bone cancer Deadline. For Mann, the chapter is closed. Her statement ended: "Justice has moved away from the courts, solely into the hands of God" 6ABC.
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