Harvey Weinstein arrives at Manhattan federal court Thursday for a hearing at which one sex assault charge was dropped by prosecutors. Photo by John Angelillo/UPI | License Photo
Oct. 11 (UPI) — New York prosecutors agreed Thursday to drop one charge of sex assault against film producer Harvey Weinstein that involves an encounter nearly 15 years ago.

The Manhattan district attorney’s office agreed to dismiss a charge stemming from a 2004 incident in which actress Lucia Evans said she was forced to perform a sex act on Weinstein.

Prosecutors agreed to drop the charge upon learning that the act may have been consensual, according to a letter the DA’s office sent to defense attorneys that was unsealed Thursday.

Weinstein previously pleaded not guilty to all six felony sex crimes from three accusers. Five remain after Thursday’s hearing.

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“Sexual assault is a serious crime but falsely accusing someone of sexual assault is also a serious crime,” Weinstein attorney Benjamin Brafman said.

Evans’ lawyer Carrie Goldberg said the district attorney abandoned her client.

“Let me be clear: the decision to throw away my client’s sexual assault charges says nothing about Weinstein’s guilt or innocence. Nor does it reflect on Lucia’s consistent allegation that she was sexually assaulted with force by Harvey Weinstein,” Goldberg said. “It only speaks volumes about the Manhattan DA’s office and its mishandling of my client’s case.”

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Brafman also said he has emails between Weinstein and one of the other accusers that point to an intimate relationship. He said in one of the emails it was written, “Hope to see you sooner than later … It would mean a lot if we could catch up over a drink then … Miss you big guy.”

“You’re the one who makes it look good with your smile and beautiful eyes,” she wrote in another.

Brafman asked that an assault charge be dropped because prosecutors can’t pinpoint the date.

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