Legal Analysis | May 12, 2026

Harvey Weinstein's Court Appearance Sparks Legal Debate Over Consent

Harvey Weinstein appears before Manhattan criminal court on Tuesday, May 12, 2026, in New York. (Steven Hirsch/New York Post via AP, Pool) srcset=

Harvey Weinstein appears before Manhattan criminal court on Tuesday, May 12, 2026, in New York. (Steven Hirsch/New York Post via AP, Pool)

POR JENNIFER PELTZ

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NUEVA YORK (AP) — The defense of Harvey Weinstein asks the jury to end the trial by concluding that the former Hollywood mogul should be acquitted.

"It's simply not true," said attorney Marc Agnifilo during opening statements in the retrial for the 2013 sexual assault allegation against actress Jessica Mann in a New York hotel.

The prosecution will present its case later Tuesday, aiming to clarify the complex relationship between Weinstein and Mann. Mann, then seeking professional success, reported unwanted advances from the Oscar-winning producer, who was married at the time.

Weinstein abruptly took Mann to a hotel room where she testified she resisted his advances, leading to her being trapped and subsequently raped.

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Image: A Neon-distributed photo shows Hoyeon in a scene from "Hope." (Neon via AP)

Weinstein's defense argues the encounter was consensual and part of an affectionate relationship that supported Mann through the #MeToo movement's rise in 2017.

Weinstein was convicted in 2026 of raping Mann, but the conviction was overturned on appeal. The jury failed to reach a verdict in a subsequent trial.

Agnifilo suggested Mann's claims lacked evidence and highlighted their ongoing correspondence and meetings after the alleged assault. He emphasized Weinstein's support for Mann's acting career and emotional needs.

Regardless of the outcome, Weinstein must serve additional sentences for other sexual crimes in New York and California, though he plans to appeal these rulings.

The Associated Press does not name individuals alleging sexual misconduct unless they consent to identification, as with Mann.

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This story was translated from English with AI assistance.