Manhattan prosecutors on Thursday moved to dismiss a third-degree rape charge against Harvey Weinstein after the accuser indicated she would not testify in what would have been the disgraced producer’s fourth New York trial.
The case arose after the third trial in New York state court - concerning an allegation that Weinstein raped aspiring actress Jessica Mann - ended in a mistrial in May when jurors failed to reach a unanimous decision.
Mann has accused Weinstein of raping her in a Manhattan hotel room in 2013. According to the allegations in court filings, Mann resisted and repeatedly said, "No."
Weinstein, 74, pleaded not guilty to one count of third-degree rape and has denied assaulting anyone or engaging in non-consensual sex. A representative for Weinstein did not immediately respond to a request for comment on Thursday.
In a court filing, Manhattan District Attorney Alvin Bragg’s office said that testifying before two grand juries and three trial juries had been an "extraordinarily taxing ordeal" for Mann and that she did not wish to take the stand again. Based on her decision, prosecutors moved to drop the third-degree rape charge.
Bragg’s office also told the court that it has asked for a 20-year prison sentence for Weinstein on a separate charge, connected to the sexual assault of one-time production assistant Miriam Haley.
At his first New York trial in 2020, Weinstein was convicted of raping Mann and sexually assaulting Haley. Those convictions were later overturned by the state’s highest court, which concluded he did not receive a fair trial.
Weinstein has remained in custody since the 2020 convictions were set aside, due to his incarceration on a separate conviction. More than 80 women have accused Weinstein of sexual harassment or other misconduct; Weinstein denies those allegations.
Contextual note - The decision by prosecutors to drop this particular charge follows the accuser’s stated unwillingness to testify again after multiple prior proceedings. The Manhattan District Attorney’s office has simultaneously pursued sentencing on a separate sexual assault conviction.