Harvey Weinstein Retrial Ends In Mistrial As Jury Deadlocks On Key Rape Charge

By Dominica Bernhard

The retrial of disgraced former Hollywood producer Harvey Weinstein ended in a mistrial late Tuesday after the jury was unable to reach a unanimous verdict on a central rape charge, delivering a frustrating blow to prosecutors and survivors seeking a clear legal reckoning for one of the most high-profile figures implicated in the #MeToo movement.

The deadlock centered on allegations by a former actress, identified in court only as Jane Doe #2, who accused Weinstein of raping her in a Beverly Hills hotel room in 2013. After more than four days of deliberations, the jury informed the court that it remained irreparably divided, prompting the judge to declare a mistrial on the most serious charge of the case.

A Second Attempt Ends Without Closure

This retrial was part of a broader legal strategy to secure additional convictions against Weinstein, who is already serving a 39-year combined sentence from earlier convictions in both New York and Los Angeles. The retrial aimed to address the counts that were previously dismissed or led to hung juries.

Prosecutors presented testimony from several women, including Jane Doe #2, who alleged Weinstein used his industry power and influence to coerce or assault them. The case largely rested on the credibility of their accounts, backed by a pattern of alleged behavior that prosecutors argued showed Weinstein was a serial predator who used the promise of career advancement to facilitate sexual abuse.

Defense attorneys portrayed the encounters as consensual and challenged the consistency of the accuser’s testimony. They argued that delayed reporting, continued contact after the alleged incidents, and lack of physical evidence raised reasonable doubt.

Despite an intense and emotional trial, jurors remained split, and under California law, a verdict must be unanimous for a conviction or acquittal.

Survivors Express Frustration And Resilience

Outside the courtroom, reactions were swift and emotional. Advocates for survivors expressed disappointment but reaffirmed their support for the women who testified.

"This mistrial does not erase the truth that was spoken in that courtroom," said a leading victims’ rights advocate. "Jane Doe #2 and the others showed immense courage by reliving the most traumatic moments of their lives under the scrutiny of the public and defense attorneys."

Weinstein, now 73 and in poor health, did not react publicly but appeared stoic as the judge announced the mistrial. He remains incarcerated at a California state facility.

Will Prosecutors Retry The Case Again?

The Los Angeles District Attorney’s Office has not yet confirmed whether it will seek another retrial. Legal experts say that decision will depend on several factors, including the strength of the remaining evidence, the willingness of witnesses to testify again, and the broader public interest.

"This is a setback but not necessarily the end," said a legal analyst. "Prosecutors may assess whether another trial would yield a different outcome or if the resources are better spent elsewhere given Weinstein’s current incarceration."

#MeToo Movement At A Crossroads

The mistrial comes at a time when the momentum of the #MeToo movement has shifted into a phase of legal reckoning, institutional reform, and cultural recalibration. While Weinstein’s earlier convictions were hailed as a watershed moment for survivors, the inability to secure a verdict in this retrial serves as a sobering reminder of the complexities and challenges survivors face in the courtroom.

Critics argue that the legal system remains ill-equipped to handle sexual assault cases, especially those involving high-profile defendants, years-old allegations, and testimony reliant on credibility rather than physical evidence.

“This case highlights how trauma doesn’t always present in a clean, linear narrative,” said a trauma expert following the trial. “But jurors often expect a level of clarity that doesn’t match reality.”

Next Steps

Though this specific case ended without a verdict, Weinstein remains behind bars and is likely to die in prison barring a successful appeal of his existing convictions. Meanwhile, advocates continue to push for broader legislative reforms, including extended statutes of limitation for sexual assault and more trauma-informed approaches in the justice system.

As for Jane Doe #2, her attorney said she remains committed to the fight: “She came forward to tell the truth, and she did just that. One hung jury does not invalidate her voice.”

In a post-#MeToo world, that voice—along with many others—continues to echo beyond the courtroom. The pursuit of justice may not have ended with a conviction this time, but it is far from over.

Dominica Bernhard is a freelance writer for Veritas Expositae.  You can reach her at dominica.bernhard@veritasexpositae.com