The current proceedings follow the New York Court of Appeals' decision to overturn Weinstein's 2020 conviction, ruling that testimony from women whose allegations weren't part of the formal charges had unfairly prejudiced the jury.12 Now 73 years old, Weinstein faces charges of criminal sexual assault for allegedly forcing oral sex on a production assistant in 2006, third-degree rape of an aspiring actress in 2013, and a new allegation involving a hotel assault in 2006.134

The retrial, taking place in the same Manhattan courthouse as his first trial, is expected to last four to six weeks once testimony begins.25 Unlike the original trial that became a catalyst for the #MeToo movement, this proceeding has attracted less media attention and fewer public demonstrations outside the courthouse, though it remains a significant test of the legal system's approach to sexual violence allegations against powerful figures.26

During opening statements, prosecutors portrayed Weinstein as a powerful Hollywood "gatekeeper" who exploited his industry influence to prey on women seeking career opportunities. Prosecutor Shannon Lucey emphasized to the jury that "he had all the power. They had none," highlighting the extreme imbalance in the relationship between the former producer and his alleged victims.12

The prosecution introduced three accusers in their case: Miriam Haley, Jessica Mann, and Kaja Sokola, a model-turned-therapist who did not participate in the first trial.34 Lucey argued that Weinstein deliberately weaponized dream opportunities against these women, becoming "more forceful" when they resisted his advances.1 This framing establishes the core of the prosecution's case - that Weinstein's position as an industry kingmaker created conditions where victims felt unable to refuse or report his alleged assaults.

A key component of the prosecution's case involves expert testimony from Dr. Dawn Hughes, a forensic psychologist specializing in trauma and domestic violence. The court granted the Manhattan district attorney's request to call Hughes as a witness to explain common responses to sexual assault, including delayed reporting and continued contact with abusers.12 This testimony aims to help jurors understand the complex psychological dynamics that can exist between victims and perpetrators, particularly when there are significant power imbalances.

Hughes is expected to address misconceptions about how sexual assault victims "should" behave, explaining why some might maintain relationships with their assailants or wait years before coming forward.2 This expert perspective is considered crucial for contextualizing behaviors that might otherwise seem inconsistent with victimization, supporting the prosecution's argument about the "psychological hold" Weinstein allegedly maintained over his accusers through his industry power and influence.

The defense team, led by attorney Arthur Aidala, has taken a strategic approach acknowledging that while Weinstein's behavior may have been "immoral," it was not illegal. Aidala directly challenged the prosecution's narrative by telling jurors, "The casting couch is not a crime scene," suggesting that any sexual encounters were consensual despite the power dynamics at play.123

Meanwhile, Weinstein's health concerns have become a significant background issue, though they cannot be discussed during the trial per a pre-trial ruling. His legal team has pushed for accommodations, warning that without proper medical attention, his conditions could "even lead to death," as they maneuver to transfer him from Rikers Island to Bellevue Hospital.4 The jury, composed of seven women and five men, will evaluate evidence in what observers note is a markedly different atmosphere from the first trial, with less media scrutiny and public demonstration outside the courthouse.56