Harvey Weinstein’s New York rape charge dropped after accuser says she can’t endure a fourth trial

NEW YORK (AP) — Harvey Weinstein won’t face a fourth trial on a New York rape charge. Prosecutors dropped the #MeToo-era case on Thursday after his accuser said she could not bear to testify again.

The movie mogul still stands convicted of another sexual felony in New York and others in California, and he remains behind bars. But the New York rape charge had remained unresolved after an overturned conviction followed by two hung juries.

Jessica Mann, a hairstylist and actor, spent days on the witness stand at all three trials, telling jurors that Weinstein raped her in a Manhattan hotel in 2013 and being questioned extensively about the complex relationship she had with him before and afterward. The Oscar-winning producer denied the charge and said everything that happened between him and Mann was consensual.

In a letter that prosecutor Nicole Blumberg quoted in court Thursday, Mann said she could “no longer endure going through this,” adding that the 8-year-old case has “put me through more harm than good.”

Blumberg told the court that prosecutors believe Mann and hail her “bravery, strength, courage and inspiration” to other survivors, but given her feelings about proceeding, “dismissal is appropriate.” With that, Judge Curtis Farber formally dismissed the case.

Weinstein left court with a neutral expression, returning to jail to await a September sentencing on a New York sexual assault conviction involving a different woman. Prosecutors are seeking a 20-year prison term.

Once Weinstein finishes whatever punishment he gets in New York, he’s due to serve 16 years in California, where he was convicted of raping a third woman, who’s an Italian actor. He is appealing both convictions.

Weinstein’s lawyers said he was relieved by the dismissal of the case surrounding Mann’s allegation.

“These charges should never have been brought to begin with,” lawyer Jacob Kaplan said outside court. “He is innocent.”

Mann has testified that she had a consensual, on-and-off relationship with Weinstein, who was married at the time.

But she told jurors she repeatedly tried to leave and said no to any sexual activity as he cornered her in a hotel room on March 18, 2013. They had planned to meet in the lobby for breakfast, but he had spontaneously taken a room.

She said he persevered, demanding that she undress and grabbing her arms, until she was afraid to keep protesting.

The latest trial, this spring, took a visible toll on Mann, 40. During five days of testimony, she was questioned for the first time about a diarylike, soul-baring note she wrote two days after the alleged rape, which the note did not mention. At one point during her testimony, Mann said she was struggling to focus, prompting court to wrap up early for the day.

In her letter to the court Thursday, she said she had suffered a concussion shortly before her testimony, had headaches and other symptoms on the stand and ultimately “disassociated.” It was a humiliating addition to an already crushing experience, she wrote.

“I have been fragmented, silenced, defamed and traumatized. I’ve paid the price of my reputation,” Mann wrote. Slamming the court, the media and Weinstein, she said her experience showed that “pursuing justice is better left a pipe dream.”

Weinstein was one of the movie industry’s most powerful figures, a producer of such tastemakers and hits as “Shakespeare in Love,” “Pulp Fiction” and “Chocolat.”

Then a series of sexual misconduct allegations against him became public in 2017, fueling the #MeToo campaign for accountability and eventually leading to criminal charges in New York and Los Angeles.

He denied all of them and was acquitted of some, even as he was convicted of others.

During a series of trials, Weinstein was convicted in 2020 of raping Mann. Then an appeals court overturned that verdict for reasons unrelated to her testimony. Jury deliberations broke down at a 2025 retrial, and jurors deadlocked again at this year’s retrial.

The rape charge in this case was a low-level felony punishable by up to four years in prison — less time than Weinstein, 74, already has served.

Weinstein didn’t testify at any of the trials, though he complained during and after the 2025 New York retrial that it was unfair; the judge disagreed.

His lawyers have maintained that all his accusers had completely consensual sexual liaisons with a movie studio boss who could help them go places in show business. Weinstein himself has said he “acted wrongly, but I never assaulted anyone.”

The Associated Press does not identify people who say they have been sexually assaulted, unless they choose to be named, as Mann has done.