Opening statements begin for Harvey Weinstein rape retrial in NYC

Harvey Weinstein's trial began Tuesday with opening statements in a Manhattan courtroom. 

This is the former movie producer's third rape trial in New York after he was tried in 2020 and 2025. He is accused of third-degree rape of actress Jessica Mann in a hotel room in 2013. He has pleaded not guilty.

Weinstein, 74, is currently serving a 16-year sentence from a conviction in California. He has been behind bars for a little over six years, but continuously says he "never assaulted anyone."

Jury selection began last week, and seven men and five women were picked. The trial is expected to last four weeks.

Weinstein exerted his powerful status over Mann, prosecutors say

Prosecutors said Weinstein preyed on fragile and sheltered young women during opening statements. They said he was one of the most powerful and influential movie executives who exerted his status over Mann.

Lawyers said the two met at an engagement party when Mann was 27 and Weinstein was 61. 

"This case will come down to power, control and manipulation," prosecutors said, arguing the word "no" was one that Weinstein "was not used to hearing, not in his professional life and not in his personal life."

They said Weinstein pretended to be interested in her career as she was trying to become an actress in Los Angeles and "dangled praise and attention like a carrot." They met up multiple times.

When Weinstein found out Mann was dating someone else, he was enraged and raped her, prosecutors said. 

Defense says they had a consensual relationship

Jacob Kaplan, one of Weinstein's lawyers, said the case is about regret. He emphasized there were four years' worth of messages between the two that he said will show they had a loving, supportive and consensual relationship for those four years.

He said Mann stayed around Weinstein because of the opportunities he could provide, including meeting other producers and movie stars.

"She knew what she wanted and she knew how to get it," the defense said. "Harvey was the opportunity that she had always been looking for."

There was no reason she couldn't have walked away, he said.

The defense said Mann regretted the relationship and changed the narrative. Kaplan emphasized emails the defense will show throughout the trial between Mann and Weinstein. 

"This case will be her word against her own word," Kaplan said.

Weinstein's rape retrial details

This case stems from the 2020 trial, where Weinstein was convicted of raping Mann and forcing oral sex on another woman. The New York Court of Appeals overturned the conviction.

Then, he had a retrial in 2025, but it resulted in a split verdict. He was found guilty of sexually assaulting Miriam Hale and not guilty of assaulting Kaja Sokola. Jurors couldn't reach a verdict on allegations that he assaulted Mann.

The judge upheld the first two convictions but declared a mistrial on the final rape charge after the jury foreperson refused to keep deliberating. Weinstein will be sentenced on his 2025 conviction after a verdict is reached in this trial.

Weinstein hired a new legal team for this trial – the same attorneys who defended Sean "Diddy" Combs.

"The defense may be coming a little heavier at that consent argument, possibly, because this is now a one victim case instead of a multi-victim case," legal expert Richard Schoenstein said.

Weinstein was considering pleading guilty to avoid trial in January. But his lawyers said he still maintains his innocence.