Weinstein Rape Retrial Opens in New York, Spotlighting Power and Consent

New York— Prosecutors and defense lawyers clashed over issues of power and consent as the rape retrial of former Hollywood producer Harvey Weinstein opened in Manhattan criminal court, nearly eight years after his arrest in a case central to the #MeToo movement.

Manhattan Assistant District Attorney Candace White told jurors during opening statements on Tuesday that the case would hinge on “power, control and manipulation,” alleging that Weinstein used his influence in the entertainment industry to exploit the complainant.

Defense attorney Jacob Kaplan countered that the case was about “consent, choice and regret,” maintaining Weinstein’s longstanding position that the encounter in question was consensual.The retrial focuses on a single rape charge tied to an alleged 2013 incident involving Jessica Mann in a Manhattan hotel room. The case remains unresolved after a prior conviction was overturned and a subsequent trial ended in a jury deadlock.

Prosecutors allege that Weinstein ignored Mann’s objections, demanded she undress and restrained her during the encounter. Mann has testified previously that she complied out of fear and a desire to leave the situation.

The defense is expected to highlight the continued contact between the two following the alleged incident, including messages and meetings that they argue reflect a consensual relationship.

Weinstein, 73, has pleaded not guilty and has denied all allegations of sexual assault, stating earlier this year that while he had acted improperly in his personal life, he never committed criminal acts. He has not testified in prior trials, and it remains unclear whether he will take the stand in this proceeding.

Judge Curtis Farber is revisiting evidentiary issues as the retrial unfolds, including whether additional witnesses may testify. Prosecutors are seeking to introduce testimony from a friend of Mann’s, while also indicating they may call a court officer regarding a remark allegedly made by Weinstein in 2020 if he testifies.

The defense has objected to both requests.The case has been narrowed compared to earlier trials, which included multiple accusers and charges. Jurors are expected to hear detailed accounts of Weinstein’s relationship with Mann, both before and after the alleged assault, as attorneys on both sides seek to frame the nature of their interactions.

Weinstein was once a dominant figure in Hollywood, producing films such as “Pulp Fiction” and “Shakespeare in Love,” before his career collapsed in 2017 amid widespread allegations of sexual misconduct that helped fuel the global #MeToo movement.