Harvey Weinstein Rape Charge Dropped, Won't Face Fourth Trial

Prosecutors have decided not to retry Harvey Weinstein for allegedly raping Jessica Mann ... this after a jury was deadlocked for the second time.

The third-degree rape charge was dropped Thursday because prosecutors say Jessica doesn't want to testify in a fourth trial ... multiple outlets report.

As you know, she accused the producer of raping her in a hotel room in 2013 when she was an aspiring actress.

The prosecution made it clear that they believe Weinstein's accuser and the dismissal is not a question of her credibility ... but they also respect her decision not to want to continue going to court.

Manhattan District Attorney Alvin Bragg said in a statement ... "This has been an extraordinarily taxing ordeal for her, and she has never wavered while testifying in front of two grand juries and three trial juries over the course of eight years. We thank her for her honesty and her tremendous bravery."

Meanwhile, Weinstein's rep Juda Engelmayer tells TMZ ... "Harvey is relieved by today's outcome. We believe this is the result that should have been reached from the outset, had the grand jury been presented with the full scope of the emails, text messages, and other private communications."

The disgraced producer first went on trial for this charge in 2020 -- and was convicted -- but the verdict was ultimately overturned.

He had a second trial last year, where he was convicted for one count of criminal sexual act against a different accuser ... but the jury couldn't agree on Jessica's rape charge.

Weinstein's third trial ended in a mistrial in May with another hung jury. But that doesn't mean he's a free man ... he's been locked up since 2020 and is still serving a 16-year sentence for his Los Angeles rape and sexual assault conviction.

Engelmayer tells us his legal team will be submitting sentencing materials in the coming weeks. He said ... "As we argued following the original trial, we believe the prior sentence imposed by Judge Burke was excessive, and we intend to challenge the prosecution's sentencing recommendations."

Engelmayer continued ... "Harvey has been a model inmate for nearly seven years, and we believe that record, along with the other relevant factors, should be given significant weight at sentencing."