Harvey Weinstein Awaits Possible Retrial on Rape Charge in New York

Harvey Weinstein is ready to proceed with the retrial of the rape charge brought by Jessica Mann, and is, at this point, not ready to plead guilty to the charge, according to his attorneys.

“He doesn’t want the word rape associated with him,” attorney Arthur Aidala told reporters outside the Manhattan courthouse Wednesday.

In June, Weinstein was convicted of one count of criminal assault in against former Project Runway assistant Miriam Haley, but not guilty of criminal sexual assault against former model Kaja Sokola. 

As part of that trial, a mistrial was called on the rape charge Weinstein faced after the jury foreperson refused to return to deliberations saying he faced threats from other jurors. At the time, prosecutors said that they plan to retry Weinstein on that charge and that Mann was “ready and willing and wants to retry this count.” 

However, Weinstein’s team is hoping prosecutors decide to drop the rape charge against Weinstein before the next hearing, because as Aidala notes, the charge carries a sentence of four years. The conviction on criminal sexual act in the first degree, related to Haley, is the higher felony charge and carries a maximum prison sentence of 25 years and a mandatory minimum sentence of five years in prison.

Additionally, Aidala noted that the rape charge would likely have “very little effect” on his overall sentence, given the fact that Weinstein has already served about six years in prison in New York, which could count toward time served in sentencing for this case.

The next hearing in the case has been set for Sept. 30, at which time a trial date will be picked, or, if the charge is dropped, sentencing will take place on the criminal sexual act charge. Judge Curtis Farber confirmed that if there is another trial, it would have to take place this year.

The plan is “resolve the remaining charges prior to the imposition of the sentence,” Farber said Wednesday.

Weinstein was present for the hearing Wednesday and was brought into court in a wheelchair, as he has been for hearings across the past year. Amid past reports from his team of ill health, he appeared alert as he greeted his attorneys and Judge Curtis Farber saying, “Good morning, your honor.” Aidala said Wednesday that Weinstein’s health is “far from good,” and that he remains housed at Rikers Island which is “far from an ideal place for him to be housed.”

This would be the third time Weinstein faces a trial involving the alleged rape of Mann. Both Haley and Mann were part of Weinstein’s 2020 rape and criminal sexual assault case, but his conviction was overturned in April 2024 after the court of appeals found the trial prejudiced Weinstein with improper rulings, including allowing women to testify about allegations that were not part of the case.

In the 2020 trial, Weinstein received a mixed verdict with the jury finding Weinstein guilty of the crimes against Haley and Mann, but also acquitting Weinstein of first-degree rape and predatory sexual assault related to other women. Manhattan District Attorney Alvin Bragg pursued the retrial of Weinstein shortly after his conviction was overturned, with Sokola as a new addition to the case.