Harvey Weinstein trial: Mel Gibson won't testify in sexual assault case

close

Video

Rose McGowan discusses Harvey Weinstein on 'Tucker Carlson Today'

Actress and activist joins Tucker Carlson for a two-part interview starting Wednesday, September 15

Despite a judge ruling that Mel Gibson can testify in Harvey Weinstein’s trial, the actor will not be taking the stand.

A rep for the Los Angeles County District Attorney's office confirmed with Fox News Digital that Gibson would not be testifying in the case and was not able to provide any further explanation as to why.

The Oscar winner's rep additionally confirmed to Fox News Digital that Gibson "was not asked to testify."

The prosecution is slated to rest their case this week. 

MASSAGE THERAPIST TESTIFIES SHE FIRST TOLD MEL GIBSON SHE WAS SEXUALLY ASSAULTED BY HARVEY WEINSTEIN

In October, Judge Lisa B. Lench ruled that Gibson could testify about what he learned from one of Weinstein’s accusers. 

Mel Gibson will not testify in Harvey Weinstein's rape and sexual assault trial. (Getty Images)

The judge ruled that Gibson could take the stand in support of his masseuse and friend, who will be known as Jane Doe #3 at the trial. 

On Nov. 2, Jane Doe #3 testified in a Los Angeles courtroom and claimed that she first told Gibson she had been sexually assaulted by Weinstein.

Crying on the stand, the woman, a massage therapist with famous clients, said after giving Weinstein a massage at his Beverly Hills hotel in 2010, he followed her into the bathroom while she was washing her hands and began masturbating in front of her. 

WOMAN TESTIFIED HARVEY WEINSTEIN SEXUALLY ASSAULTED HER IN 1991 AND 2008

In October, Judge Lisa B. Lench ruled that Mel Gibson could testify about what he learned from one of Harvey Weinstein’s accusers.  (Getty Images)

The woman said she asked him what he was doing, telling him it was inappropriate and to stop, but he then pushed her against a wall and grabbed her breasts, she added.

"I was terrified. I thought I was about to get raped," she testified. She said he later exposed himself after she reluctantly agreed to massage him again, and on a third visit, masturbated in front of her.

Harvey Weinstein is accused of committing sexual battery by restraint against "Jane Doe #3", one of 11 rape and sexual assault counts in the trial against the 70-year-old. (AP)

She said she only told Gibson, one of her clients, after he told her during a massage, he was thinking of working with Weinstein on a movie.

"I went into shock, and I started crying," she said. "He was the first person that I finally opened up with about what happened. I told him that he sexually assaulted me, but I didn’t want to get into all the details, I was embarrassed and humiliated."

CLICK HERE TO SIGN UP FOR THE ENTERTAINMENT NEWSLETTER

Jane Doe #3 said at the time she was afraid she would lose her "high-end clients" if she "went public that I was sexually assaulted by Weinstein, and I didn’t win." 

Years after the attacks, she said she initially only reported the first incident to police, later divulging the other incidents in interviews with authorities.

CLICK HERE TO GET THE FOX NEWS APP

Weinstein is accused of committing sexual battery by restraint against the woman, one of 11 rape and sexual assault counts in the trial against the 70-year-old.

He is already serving a 23-year sentence in New York on a rape conviction.

The District Attorney’s office did not immediately respond to Fox News Digital’s request for comment at the time this article was published.

Fox News Digital's Brie Stimpson contributed to this report.