Jun 26, 11:56 AM

Harvey Weinstein's New York Rape Charge Dropped as Accuser Refuses Fourth Trial

Jessica Mann said she "could no longer endure going through this any longer." Weinstein remains behind bars on separate convictions in New York and California.

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Harvey Weinstein will not face a fourth trial in New York over the alleged rape of actress Jessica Mann. Prosecutors dropped the case on Thursday after Mann said she could no longer bear to testify again. The decision closes a legal chapter that has dragged on for eight years – but does not end Weinstein's imprisonment.

The case collapsed in May when Weinstein's third trial ended in a mistrial after the jury said it was deadlocked. The jury had been unable to reach a unanimous decision on whether Weinstein raped Mann in 2013 in a New York hotel. Prosecutors could have sought a fourth trial. Instead, they chose to dismiss the charge.

Mann appeared to support the decision. In a letter read to the court by prosecutor Nicole Blumberg, Mann wrote: "After a lot of thought and reflection, I have chosen not to proceed with a fourth trial against Harvey Weinstein. It was clear to me at this last trial I could no longer endure going through this any longer." She added that the 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." Weinstein had pleaded not guilty to the charge of rape in the third degree and has denied all allegations of nonconsensual sex.

Weinstein left court with a neutral expression and returned to jail to await a September sentencing on a different New York sexual assault conviction. Prosecutors are seeking a 20-year prison term in that case. Once he finishes his punishment in New York, Weinstein is due to serve 16 years in California, where he was convicted of raping a third woman. He is appealing both convictions.

For now, Weinstein remains behind bars at Rikers Island, New York's maximum-security prison. The dropped charge is a legal victory – but it does not change the fact that he has been convicted of sexual felonies in two states. His accuser, exhausted by years of legal battles, has walked away. The system, for all its flaws, has not let him walk free. But the question remains: how many trials must a victim endure before justice is served?

Written by Andreas Hofer andreas.hofer@alpineweekly.com