Former Hollywood film producer Harvey Weinstein appears in Manhattan Supreme Court for the retrial of his rape case, in Manhattan on May 15, 2026.
Timothy A. Clary/Pool via REUTERS
A Manhattan judge declared a mistrial in Harvey Weinstein’s third rape trial after the jury could not come to an agreement over whether the disgraced movie mogul, 74, raped hairstylist and actress, Jessica Mann, 40, at a hotel in 2013.
A jury of seven men and five women failed to reach a verdict after deliberating over two days.
The deadlocked jury comes almost a year after a different New York jury failed to reach a verdict on a charge over Mann’s allegations, which she testified about for the third time in graphic detail over the course of the three-week trial.
Manhattan District Attorney Alvin Bragg said that his office would consider its next steps in consultation with Mann.
“While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system and sincerely thank all of the jurors for their time and dedication,” Bragg said in a statement. “For nearly a decade, Jessica Mann has fought for justice. Over the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers.”
Jessica Mann, the woman who says Harvey Weinstein raped her in a New York City hotel room.
In a New York trial last year, Weinstein was convicted of forcing oral sex on former “Project Runway” assistant Miriam Haley in 2006 and not guilty of assaulting Polish model Kaja Sokola.
Weinstein was first convicted in early 2020 of third-degree rape involving Mann, but the New York Court of Appeals overturned the conviction in 2024, ruling that the judge had improperly allowed testimony from women who were not directly a part of the case. The jury then deadlocked in a 2025 retrial over Mann’s charges.
In the third trial involving Mann, Manhattan Assistant District Attorney Candace White had argued that Weinstein used his professional influence and emotional manipulation to force the aspiring actress into intercourse that she clearly said she didn’t want to have in Manhattan.
Weinstein’s attorney, Jacob Kaplan of Agnifilo Intrader, argued that Mann had agency in their relationship and during the incident in the Manhattan DoubleTree hotel where it occurred.
Kaplan claimed in opening arguments that Weinstein did not rape Mann “at any point,” and insisted that Mann had a chance to leave the hotel room where the encounter occurred, but did not. His opening argument also emphasized the role that emails before and after the event in Manhattan could play in portraying their relationship in a different light.
Mann met Weinstein as a young actress who had left her evangelical upbringing to move to Los Angeles in pursuit of an acting career. Shortly after they met, White said, Weinstein soon pressured her into oral sex in a hotel room in California.
Both sides acknowledged the complicated nature of Mann and Weinstein’s relationship over time. Weinstein had sexually assaulted Mann prior to the incident, according to prosecutors, but they had also had consensual sexual encounters and maintained a relationship afterward.
If you or someone you know is a victim of sexual assault, help is available by calling the National Sexual Assault Hotline at 1-800-656-4673.