Second Mistrial in Weinstein Rape Case Leaves Jessica Mann Vowing to Fight On

For the second time in less than a year, a jury has failed to reach a verdict in Harvey Weinstein’s rape trial centered on actress Jessica Mann’s allegations from a 2013 hotel encounter in New York City. In May 2026, a Manhattan judge declared a mistrial after jurors became hopelessly deadlocked, marking yet another stalled attempt at justice in a legal saga that has stretched across multiple trials, jurisdictions, and years.

This latest setback underscores the grueling reality of prosecuting sexual assault cases, even against a defendant already convicted and sentenced in both New York and California. Weinstein faced two counts of criminal sexual act in the first degree and rape in the third degree during this retrial—charges that emerged after his 2020 conviction was overturned on appeal in April 2024. That original verdict had relied on what appellate judges deemed“egregious”judicial errors, particularly the admission of testimony about other uncharged allegations. The court found this prejudiced the jury against the defendant, forcing prosecutors to start over with a new trial and a narrower case.

The jury deliberated for more than two days before surrendering to the impasse. According to reports, the jury foreperson refused to return to the jury room after facing threats from other jurors—a detail that speaks to the intensity and divisions within deliberations. Yet despite the frustration of another hung jury, Mann herself refused to accept defeat. In a statement, she declared her readiness to endure additional trials“as many times as it takes for justice and accountability to be served,”insisting she would never abandon her pursuit of truth. Manhattan District Attorney Alvin Bragg confirmed his office would consult with Mann about next steps, signaling that a third trial on this specific charge remains possible.

What emerges from this pattern is both the resilience required of accusers and the structural challenges facing prosecutors in high-profile sexual assault cases. Weinstein was convicted of one count of criminal sexual act in the first degree related to former Weinstein Company staffer Miriam“Mimi”Haley’s 2006 allegations, but acquitted on the same charge involving model Kaja Sokola. The Mann allegation proved the sticking point—a jury unable to unanimously agree on guilt or innocence, leaving the case in legal limbo.

For Mann, the repeated courtroom battles represent an ongoing toll. She testified about being raped in a New York City hotel room in 2013, sharing what she described as one of the most traumatic moments of her life in front of strangers and hostile cross-examination. Yet her voice, like those of Haley and Sokola, mattered enough that prosecutors deemed it worth pursuing again. The question now is whether a third jury will find the evidence more persuasive—or whether the legal system will exhaust even the willingness of accusers to continue fighting.