The jury in Harvey Weinstein’s Los Angeles trial deadlocked on Tuesday over two sentencing factors that could have resulted in a longer prison sentence on charges of rape and sexual assault.
Because the jurors were unable to reach a unanimous decision on these factors, Weinstein will face no more than 18 years in prison in the Los Angeles case. Weinstein is already serving a 23-year prison sentence after being convicted in New York in 2020.
A Los Angeles jury on Monday convicted Weinstein of three counts, finding that he raped a model at the Mr. C Hotel in February 2013. The prosecution asked the jury to agree on two factors: that the victim was “particularly vulnerable” and that Weinstein was planning the attack.
On each of the three charges, Weinstein faced a possible prison sentence of three, six or eight years. Under a California law that took effect Jan. 1, the jury must agree to “aggravating factors” in order for a judge to sentence him to the maximum term — eight years — on each count.
Had the jury agreed on the factors, Judge Lisa Lynch could have sentenced him to up to 24 years in prison. Weinstein’s defense team requested that he be sentenced as quickly as possible, and suggested January 9. No date has been officially set.
The victim – identified in court as Jane Doe No. 1 – testified that Weinstein broke into her hotel room after midnight and forcibly raped her over the bathroom sink.
Deputy District Attorney Paul Thompson argued Tuesday morning that she was particularly vulnerable because she was thousands of miles from her home in Italy, spoke limited English, and had “very little support structure” in the United States. He also argued that Weinstein had the upper hand because he had planned the assault, and she was caught off guard.
“I was surprised,” Thompson said. “She wasn’t planning for it. She had to decide how she was going to act quickly.”
Weinstein’s attorney, Mark Werksman, countered that Jane Doe #1 was no more at risk than the average rape victim—noting that she was physically fit and was not impaired by alcohol or a disability.
“She had a choice,” Werksman said. “She didn’t have to open the door. She let him in because she thought she could control the situation… What you have here is what he is. That’s what she condemned him for and nothing more.”
A Los Angeles jury acquitted Weinstein on one count and was unable to reach a verdict on three other counts. The DA’s office has not yet decided whether to retry him on these charges.
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