James Toback ordered to pay $1.68B in sexual assault trial
What's the story
A New York jury has awarded $1.68 billion in damages to 40 women who accused writer and director James Toback of sexual abuse over a period of 35 years.
The lawsuit, filed in Manhattan in 2022, was enabled by a New York state law opening a one-year window for people to file lawsuits over sexual assault claims, irrespective of when they happened.
This is one of the largest jury awards since the #MeToo movement began and New York state history.
Award details
Breakdown of the $1.68B jury award
Speaking for plaintiffs, attorney Brad Beckworth of Nix Patterson LLP revealed the jury award was comprised of $280 million in compensatory damages and $1.4 billion for punitive damages.
Beckworth said this verdict is about justice and taking power back from abusers. He added that such a huge verdict will send a message to powerful people who don't treat women appropriately.
The abuse by Toback (80) happened between 1979 and 2014, reportedly.
Allegations
Toback's career and allegations of sexual abuse
Toback, an Oscar-nominated writer for Bugsy, has had a Hollywood career of over 40 years. Allegations of sexual abuse against him first emerged late in 2017 as the #MeToo movement picked up steam.
The Los Angeles Times was the first to report the allegations. However, in 2018, Los Angeles prosecutors said that the statutes of limitations had expired in five cases they reviewed and declined to bring criminal charges against Toback.
Abuse pattern
Pattern of abuse discovered in Toback's case
After the statute of limitations expired, the plaintiffs filed a New York lawsuit soon after the state's Adult Survivors Act came into effect.
The plaintiffs' lawyers found a pattern in Toback luring young women on the New York streets to meet him under false pretenses of giving them a role in his films.
They allege he then subjected them to sexual acts, threats, and psychological coercion.
Plaintiff's statement
Lead plaintiff hailed jury's decision as 'validation'
Mary Monahan, a lead plaintiff in the case, called the jury's decision "validation" for her and the other women.
She said, "For decades, I carried this trauma in silence, and today, a jury believed me. Believed us. That changes everything."
The plaintiffs believe this verdict sends a powerful message about the seriousness of sexual abuse allegations.
Toback's response
Toback denied allegations and failed to appear in court
Toback, who had represented himself in court, denied the allegations time and again, claiming he "committed no sexual offense," and "any sexual encounter or contact between Plaintiffs and Defendant was consensual."
He also claimed New York's law extending the statute of limitations on sexual abuse cases violated his constitutional rights.
A default judgment was passed against Toback in January, after he failed to appear in court. Thereafter, the bench scheduled a trial for deciding the amount of damages last month.