Mistrial Declared on Rape Charge in Harvey Weinstein Case

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This article contains references to sexual assault and rape.

The judge overseeing Harvey Weinstein’s criminal trial in Manhattan has declared a mistrial on a rape charge against the former Hollywood movie mogul, after one of the jurors refused to continue deliberations.

Weinstein, once one of the most powerful figures in Hollywood, faced a retrial that began on 23 April after a New York state appeals court last year overturned his 2020 conviction. He was accused by prosecutors in this case of raping an aspiring actress and assaulting two other women.

Weinstein, 73, pleaded not guilty and has denied assaulting anyone or having non-consensual sex.

A man in a suit is sitting in a courtroom, with two guards standing behind him.

Harvey Weinstein has denied all accusations against him. Source: AAP / AP / Michael Nagle

The jury found Weinstein guilty on one of the three counts he faced, which stemmed from his alleged assault of former production assistant Miriam (Mimi) Haley in 2006. The jury found Weinstein not guilty of a charge stemming from his alleged assault of Kaja Sokola in 2002 when she was a 16-year-old aspiring actress.

Supreme Court Justice Curtis Farber declared a mistrial after the judge said the jury could not reach a verdict on a third count, which charged him with raping aspiring actress Jessica Mann in 2013.

Weinstein could receive a prison sentence of up to 25 years. Additionally, he has been given a separate 16-year sentence in California due to a rape conviction.

In a startling development, the jury foreperson told Farber other members of the panel were shouting at him and threatening him for refusing to change his vote on the rape count.

Farber sent jurors home for the day to give them time to cool down and instructed the foreperson to arrive in court separately on Thursday.

In closing arguments on 3 June, the prosecution told the 12 jurors the evidence showed how Weinstein used his power and influence to trap and abuse women.

The defence countered the accusers lied on the witness stand out of spite after their consensual sexual encounters with the Oscar-winning producer failed to result in Hollywood stardom.

A jury found Weinstein guilty in February 2020 of raping Mann and sexually assaulting Haley. Sokola’s allegation was not part of that case.

The conviction was a milestone for the #MeToo movement, which encouraged women to come forward with allegations of sexual misconduct by powerful men. But the New York Court of Appeals, the state’s highest court, overturned that conviction in April 2024. It said the trial judge erred by letting women testify that Weinstein had assaulted them, though their accusations were not the basis of the criminal charges.

Though the conviction was thrown out, Weinstein, who has had a litany of health problems in recent years and attended the retrial in a wheelchair, has remained behind bars because of his California conviction. He is appealing that verdict.

More than 100 women, including famous actresses, have accused Weinstein of misconduct.

If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit 1800RESPECT.org.au. In an emergency, call 000.