Weinstein has been convicted of other crimes in the US and is already behind bars but move leaves rape charge in limbo

Harvey Weinstein’s retrial in New York on a rape charge ended in a mistrial on Friday after the jury deadlocked in the closely watched criminal case that another jury had already failed to decide last year.

The disgraced former Hollywood mogul has been convicted of other sex crimes on the US east and west coasts and is already in jail. But Friday’s declaration of another mistrial leaves the New York rape charge in limbo after three trials.

A majority-male jury in Manhattan had been weighing whether Weinstein raped Jessica Mann, a hairstylist and actor. Weinstein’s lawyers argued that sexual encounter between them was consensual. It happened in 2013 during a fraught relationship between Weinstein, who was married at the time, and Mann, decades his junior.

The signs of stalemate emerged on Friday a few hours into the third day of deliberations. Jurors sent a note saying they “have concluded that they cannot reach” a unanimous verdict. Judge Curtis Farber initially instructed the group to continue deliberating.