Accuser in Harvey Weinstein Retrial Can Refer to 'Force,' Judge Clears Way for Testimony
In a pivotal ruling on Wednesday, Manhattan Judge Curtis Farber permitted Jessica Mann, one of Harvey Weinstein's accusers, to use the term "force" in her testimony during his retrial.
This ruling comes despite Weinstein's prior acquittal on charges alleging he used physical force against Mann during their encounter. The judge's decision reversed an earlier ruling that had limited her use of the term.
Jessica Mann, a former aspiring actress, is one of three women whose allegations serve as the foundation for the charges in Harvey Weinstein's retrial.
According to PageSix, Weinstein, 73, is facing charges of sex crimes, including third-degree rape and forcible oral sex in separate incidents that took place in 2006 and 2013.
In her testimony, Jessica Mann described a harrowing encounter with Harvey Weinstein in March 2013, when she claims he trapped her in a hotel room and sexually assaulted her.
Mann further alleges that a similar incident occurred later that year at a hotel in Beverly Hills.
Judge Farber explained that after reviewing case law, it would be unreasonable to restrict how Mann explains what she says happened to her.
"She will not be precluded from using the term force or describing the use of force," he stated at the pretrial hearing, which took place ahead of jury selection scheduled for next Tuesday.
Woman can testify Weinstein used force to rape her despite his acquittal, judge rules https://t.co/oMlllkFgSc
— Troy Record (@troyrecord) April 10, 2025
Manhattan DA Seeks to Block Weinstein's Previous Acquittals from Jury
Weinstein's legal team argued that allowing the word "force" in Mann's testimony could invite jurors to hear about his previous acquittal in 2020 on first-degree rape charges, which also involved allegations of forcible compulsion.
However, Farber emphasized that the defense could still challenge Mann's version of events on cross-examination, and he proposed adding a jury instruction to clarify any potential confusion about the acquittals.
The Manhattan District Attorney's office is actively working to prevent jurors from being exposed to information regarding Harvey Weinstein's previous acquittals and overturned convictions.
Weinstein, who has denied all allegations of sexual assault, is also facing trial on additional charges related to other women who accused him of similar offenses.
In response to the court's ruling, Weinstein's lawyer, Arthur Aidala, expressed concern about the decision, questioning the fairness of allowing Mann to testify using language previously contested. "It does fly in the face of common sense," he told reporters during a break in the pretrial hearing, AP News said.
As the retrial moves forward, the courtroom drama continues, with both Weinstein's defense team and the prosecutors navigating complicated legal arguments.
The case has already been a focal point in the broader conversation about sexual misconduct in the entertainment industry, which spurred the #MeToo movement.
Weinstein's legal troubles are far from over, with his conviction in Los Angeles still standing, though his defense team is appealing the 16-year prison sentence he received in that case.
