A New York judge dismissed count 6 of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.
The count stems from charges brought forth against the disgraced movie producer in May by Manhattan District Attorney's Office.
A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.
Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal, and said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office."
Goldberg added that despite District Attorney Cy Vance not opposing a motion to dismiss the charges against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform."
"People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."
The attorney said her client will continue her fight in other venues.
"Victims are becoming warriors and this is just the beginning," she added.
Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape.
Weinstein's bond was set at $10 million and he is required to wear a GPS monitoring system and is only allowed to travel within New York state or Connecticut.
Weinstein is also under investigation for alleged sex crimes in Los Angeles and London.
CNN has reached out to Weinstein's representatives for comment.