A New York judge declares a mistrial in Harvey Weinstein’s third trial in Manhattan for allegations that he raped Jessica Mann. Multiple outlets report the jury deadlocks and cannot reach a verdict after deliberations that last more than two days. PBS NewsHour and other coverage state that the jury is majority-male and that jurors weigh whether Weinstein raped Mann, with Weinstein’s lawyers arguing the encounter was consensual.

The judge’s ruling leaves the New York rape charge “in limbo” after three trials have ended without a final verdict. According to Rolling Stone, the judge gives prosecutors 30 days to decide whether to pursue a fourth trial. Prosecutors are therefore considering whether to retry the case again after two prior juries were also unable to reach a decision within a year.

All sources also note that Weinstein remains in custody while serving prison time for other sex-crime convictions in the United States, so the mistrial affects only the New York rape case at issue. Jurors’ comments reported by some outlets indicate the panel does not move to a single conclusion.