Judge declares another mistrial in Harvey Weinstein New York rape charge

Judge declares another mistrial in Harvey Weinstein New York rape charge

Sareen Habeshianand

Max Matza

Getty Images Harvey Weinstein appears in Manhattan criminal court on May 13, 2026, in New York City. Getty Images

A judge has declared a mistrial in the rape case against Harvey Weinstein, after the jury in New York said it was deadlocked and unable to reach a verdict.

It marks the third time a New York jury has considered the case against the 74-year-old disgraced film mogul, who remains jailed on other charges.

The month-long trial was centred around whether Weinstein raped aspiring actress Jessica Mann in a hotel room more than a decade ago. He was initially convicted of raping her, before the verdict was overturned.

Dozens of women have come forward with allegations of sexual misconduct, including rape, against Weinstein since October 2017. He has consistently denied wrongdoing.

Manhattan District Attorney Alvin Bragg said in a statement that prosecutors are currently determining whether to try again in court.

"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," he said.

He thanked Mann for bringing her allegation against Weinstein, adding: "We will consider our next steps in consultation with Ms Mann, and in consideration of Harvey Weinstein's pending sentencing" in a separate sexual assault case.

"As always, we will continue to prosecute crimes of sexual violence – no matter who the defendant is – in a survivor-centered manner that uplifts their voices in the pursuit of justice."

Lawyers for Weinstein said the outcome shows "how deeply public perception and prejudice surrounding Harvey Weinstein have become embedded in society".

"For some people, regardless of the evidence presented, saying 'not guilty' has become emotionally or socially impossible," they argued.

"The Manhattan District Attorney's Office should stop retrying the same case and focus its time and resources on the actual violent crime, chaos, and public safety issues impacting New Yorkers every day," the statement from his lawyers continued.

The decision on Friday by the majority-male jury in Manhattan came on the third day of deliberations.

On Friday morning, the jury passed the judge a note saying they "have concluded that they cannot reach" a unanimous verdict. The judge then ordered them to continue deliberating before later declaring a mistrial, saying it was "quite clear," that they were "hopelessly deadlocked".

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