The Manhattan district attorney’s office asked to dismiss a third-degree rape charge after accuser Jessica Mann said she did not want to testify again following multiple grand jury and trial appearances.

By yourNEWS Media Newsroom

Manhattan prosecutors moved Thursday to drop a third-degree rape charge against Harvey Weinstein after the accuser in the case said she did not want to testify in another trial.

The charge stemmed from allegations by aspiring actress Jessica Mann, who accused Weinstein of raping her in a Manhattan hotel room in 2013 while she resisted and repeatedly said, “No.”

Weinstein, 74, had pleaded not guilty to one count of third-degree rape. He has denied assaulting anyone or having nonconsensual sex.

A representative for Weinstein said Thursday that he was relieved by the development and believes the charge should never have been filed.

The Manhattan district attorney’s office said Mann had already testified before two grand juries and three trial juries, calling the process an “extraordinarily taxing ordeal.” Prosecutors said she did not wish to take the stand again.

The move followed a mistrial in May in Weinstein’s third New York state trial on Mann’s allegation. Jurors were unable to reach a unanimous verdict.

Prosecutors also asked the court Thursday to sentence Weinstein to 20 years in prison for sexually assaulting former production assistant Miriam Haley.

Weinstein was convicted in 2020 in New York of raping Mann and sexually assaulting Haley, but the state’s highest court later overturned the conviction, finding that he had not received a fair trial.

The former film producer and Miramax co-founder has remained behind bars since the New York conviction was overturned because of his conviction in another case.

More than 80 women have accused Weinstein of sexual harassment or misconduct. Weinstein denies the allegations.