Judge declares a mistrial in Harvey Weinstein’s rape retrial after jury says it is deadlocked

Harvey Weinstein appears with attorneys Marc Agnifilo, left, and Jacob Kaplan in Manhattan criminal court, Thursday, May 14, 2026, in New York. (Spencer Platt/Pool Photo via AP)

NEW YORK - Harvey Weinstein ’s rape retrial ended in a mistrial Friday after the jury deadlocked in the closely watched #MeToo-era case that another jury failed to decide last year.

While the former Hollywood mogul has been convicted of other sex crimes on two U.S. coasts and remains behind bars, the mistrial leaves the New York rape charge in limbo after three trials. Weinstein appeared expressionless as court officers ushered him out in his wheelchair.

A majority-male Manhattan jury had been weighing whether Weinstein raped Jessica Mann, a hairstylist and actor, in 2013. Weinstein’s lawyers argued that the encounter was consensual. It happened during a fraught relationship between the then-married Weinstein and the decades-younger Mann.

The signs of stalemate emerged Friday a few hours into the third day of deliberations. Jurors sent a note saying they “have concluded that they cannot reach a verdict.” Judge Curtis Farber instructed the group to continue deliberating. That’s generally what New York judges do at least the first time a jury says it’s stuck.

A hearing was set for June 24 to learn whether prosecutors will choose to go to a fourth trial.

As an Oscar-winning movie producer and studio boss, Weinstein was one of Hollywood’s most powerful figures and a significant Democratic donor before long-suppressed sexual harassment and sexual assault allegations against him cascaded into public view in 2017. The revelations galvanized the #MeToo movement ’s demands for accountability for sexual misconduct, made Weinstein a pariah, bankrupted the studio and ultimately led to criminal charges him in New York and Los Angeles.

He was convicted of some and acquitted of others. Yet Mann’s allegation lingered. Weinstein was convicted of the charge in 2020. Then an appeals court overturned that verdict, and jury deliberations broke down at a 2025 retrial. That paved the way for this year’s retrial.

Weinstein has said he was unfaithful to his then-wife and “acted wrongly, but I never assaulted anyone.”

Mann, now 40, met Weinstein at a Los Angeles party in early 2013, when she hoped to build a handful of acting credits into a big career. He took interest and soon showed that it wasn’t purely professional.

She said his initial, pushy overtures discomfited her, but she acceded to them and decided to develop a relationship with him.

She was staying with a friend at a Manhattan hotel in March 2013 when Weinstein showed up early for a planned breakfast and got a room over her objections, Mann testified. She said she accompanied Weinstein to the room to talk and made it clear she didn’t want sex.

“I said ‘no,’ over and over, and I tried to leave,” she told jurors during five days of intense testimony.

She said that Weinstein blocked her from leaving and grabbed her arms. Scared, she gave up protesting, complied with his demands to undress, and laid on a bed while he went into a bathroom, she told jurors. Then, Mann said, he raped her.

Mann told no one for years about the alleged rape. Nor did she mention it in her introspective, private writing two days later. In a note to herself, she grappled with conflicted feelings about becoming “emotionally attached” in a nonexclusive relationship with a man she didn’t name.

After Weinstein’s new lawyers confronted Mann with the note, she said she hadn’t needed to write down the allegation.

Weinstein didn’t testify. In his lawyers’ telling, Mann was a willing partner in a close, supportive relationship with a show-business insider who opened doors for her, but she turned on him once he became an outcast.

In the months and years after the New York encounter, Mann kept seeing and communicating with Weinstein.

At times, she pulled away to pursue and preserve a relationship with a new boyfriend, according to her emails and testimony. At other times, she turned back to Weinstein, who validated her acting dreams, told her he was proud of her and responded caringly when her father was terminally ill.

“I love u. Anything u need,” Weinstein wrote.

Over the years, he helped Mann land a movie audition — it went nowhere — and a hairstyling job. She asked him for help with such things as a car problem and a club membership, though she declined a package his office tried to send in summer 2013, when she couldn’t make rent. Mann said she understood the envelope contained US$1,000 in cash.

In one of her last emails to Weinstein, in February 2017, she wrote: “I love you, always do. But I hate feeling like a booty call.” When he responded by suggesting she was “joking” and should stop using his company email, she said it was a joke and apologized.

Eight months later, she saw the news reports that propelled his downfall and ultimately prompted her to go to police.

Mann never sued Weinstein, but after his 2020 conviction, she filed for and got about US$500,000 from a sexual misconduct settlement fund set up during his company’s bankruptcy. The payout was mentioned at last year’s retrial, but the defense didn’t raise it this time after extensive arguments about what could and couldn’t be said.

The Associated Press does not identify people who say they have been sexually assaulted, unless they choose to make their names public, as Mann has done.

Jennifer Peltz, The Associated Press

Resources for sexual assault survivors in Canada

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling. 
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.