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A New York jury recently rendered a landmark decision, awarding $1.68 billion US in damages to 40 women who accused writer and director James Toback of sexual misconduct over a period spanning 35 years, according to the attorneys for the plaintiffs.
This ruling resulted from a lawsuit initiated in Manhattan in 2022, which was possible due to New York state’s temporary amendment allowing individuals to file lawsuits regarding sexual assault claims regardless of when the incidents occurred.
The verdict is noted to be among the most significant jury awards since the #MeToo movement gained prominence, as well as one of the largest in New York’s legal history, according to attorney Brad Beckworth from Nix Patterson LLP. The plaintiffs hope that this substantial ruling conveys a clear message to influential figures about the need for respect and accountability towards women.
While the court had not released the official verdict details by Wednesday night, Beckworth indicated that the jury awarded $280 million US in compensatory damages and an impressive $1.4 billion US in punitive damages.
“This verdict is about justice,” Beckworth expressed in a statement. “But more importantly, it’s about reclaiming power from abusers and their enablers, restoring it to those they sought to control and silence.”
The allegations against Toback, previously highlighted at a 2013 panel discussion for HBO’s documentary ‘Seduced and Abandoned’, first became public during the #MeToo backlash in 2017. Beckworth mentioned that the reported abuse occurred between 1979 and 2014.
Toback, recognized for his Oscar nomination for the 1991 film “Bugsy,” has been part of the Hollywood scene for over 40 years. However, allegations of prolonged sexual misconduct against him came to light in late 2017 and were initially reported by the Los Angeles Times.
In 2018, authorities in Los Angeles concluded that the statutes of limitations for five reviewed cases had lapsed, resulting in no criminal charges against Toback.
Following the enactment of New York’s Adult Survivors Act, the plaintiffs filed their lawsuit, which revealed a troubling pattern of Toback allegedly luring young women on the streets of New York, enticing them with false promises of acting roles, only to engage them in sexual acts through threats and psychological manipulation.
‘Validation’ for women
Mary Monahan, one of the lead plaintiffs, described the jury’s decision as a form of “validation” for herself and the other women involved.
“For decades, I carried this trauma in silence, and today, a jury believed me. Believed us. That changes everything,” she stated. “This verdict transcends mere numbers; it is a powerful declaration. We are not disposable. We are not liars. We are not collateral damage in someone else’s power trip. The world knows now what we’ve always known: his actions were real.”
Toback, who is 80 and has often represented himself in court, has consistently denied the allegations, asserting that he “committed no sexual offense” and claimed that any interactions with the plaintiffs were consensual. Furthermore, he contended that New York’s law extending the statute of limitations on sexual abuse cases infringed upon his constitutional rights.
A request for comment sent to Toback’s listed email address did not elicit a prompt response.
In January, a default judgment was filed against Toback after he failed to appear at a court hearing. This led the judge to schedule a damages trial, which took place last month to ascertain the sum Toback would owe the women.
Source
www.cbc.ca