The possibility that "Sopranos" actress Annabella Sciorra says is one of several possible outcomes that could result from a last-minute trial scheduled for Monday.
The embarrassed film mogul will appear before the judge overseeing his lawsuit on Monday The Manhattan Public Prosecutor's Office said in a statement that charges should be brought against an indictment.
The indictment, which was returned by a large jury, was not made public. It is not clear whether additional charges are made against Weinstein or what is contained in it.
But the prosecution has been struggling for months to involve the actress's account in the lawsuit to support charges of rapacious sexual assault against Weinstein.
It is planned that in September, Weinstein will face two counts of sexual assault charges, charges of first-degree criminal sexual assault, a first-degree rape charge, and a third-degree rape charge.
He did not plead guilty and asserted that the meetings with his prosecutors were amicable.
The allegations are from reports of two women, but Sciorra is not one of them.
Sciorra has publicly accused Weinstein of sexually assaulting her in 1993 in her apartment in Gramercy Park, bill of particulars outlining her case in February to support charges of predatory sexual assault. The defense tried to exclude her from the statement by saying that she was accusing him of a new crime that was never presented to the grand jury.
In an August 8 ruling, Justice James Burke joined the defense and said that Sciorra could not testify because they called Manhattan's Attorney General another major jury this month, leading to the recent indictment on the Monday should be lifted. Weinstein's lawyers have blown up the prosecutor's office in search of an "unprecedented fourth charge" in the case.
"This prosecutorial action underlines the despair that devoured her case," lawyers Donna Rotunno and Arthur Aidala said in a statement.
"We have come to a point where one has to fear that these desperate measures are more aimed at condemning them at any cost than seeking justice."