New York jury awards US$1.68 billion to women who accused writer and director Toback of sexual abuse

James Toback arrives at the 2014 AFI Fest "The Gambler" Nov. 10, 2014, in Los Angeles. (Photo by Richard Shotwell/Invision/AP, File)

A New York jury on Wednesday awarded US$1.68 billion in damages to 40 women who accused writer and director James Toback of sexual abuse and other crimes over a span of 35 years, according to lawyers representing the plaintiffs.

The decision stems from a lawsuit filed in Manhattan in 2022 after New York state instituted a one-year window for people to file lawsuits over sexual assault claims even if they took place decades ago.

It marks one of the largest jury awards since the advent of the #MeToo movement, as well as in New York state history, said attorney Brad Beckworth, of the law firm Nix Patterson LLP, in an interview. The plaintiffs, he said, believe such a large verdict will send a message to powerful individuals “who don’t treat women appropriately.”

The court had not yet released documentation of the verdict as of Wednesday night. Beckworth said the verdict included $280 million in compensatory damages and $1.4 billion for punitive damages to the plaintiffs.

“This verdict is about justice,” Beckworth said in a statement. “But more importantly, It’s about taking power back from the abusers — and their and enablers — and returning it to those he tried to control and silence.”

Beckworth said the abuse took place between 1979 and 2014.

Toback was nominated for an Oscar for writing 1991’s “Bugsy,” and his career in Hollywood has spanned more than 40 years. Accusations that he engaged in years of sexual abuse surfaced in late 2017 as the #MeToo movement gained attention. They were first reported by the Los Angeles Times.

In 2018, Los Angeles prosecutors said the statutes of limitations had expired in five cases they reviewed, and declined to bring criminal charges against Toback.

The plaintiffs then filed a lawsuit in New York a few days after the state’s Adult Survivors Act went into effect. The lawyers said they discovered a pattern of Toback attempting to lure young women on the streets of New York into meeting him by falsely promising roles in his films and then subjecting them to sexual acts, threats and psychological coercion.

Mary Monahan, a lead plaintiff in the case, called the jury award “validation” for her and the other women.

“For decades, I carried this trauma in silence, and today, a jury believed me. Believed us. That changes everything,” she said in a statement. “This verdict is more than a number — it’s a 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: what he did was real.”

Toback, 80, who most recently had represented himself, denied numerous times in court documents that he “committed any sexual offense” and that “any sexual encounter or contact between Plaintiffs and Defendant was consensual.”

He also argued that New York’s law extending the statute of limitations on sexual abuse cases violated his constitutional rights.

A message sent to an email address listed for him seeking comment was not immediately answered.

In January, the judge in the case entered a default judgment against Toback, who had failed to appear in court when ordered to do so. The judge then scheduled a trial for only damages last month to determine how much Toback had to pay the women.

Susan Haigh, The Associated Press

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling. 
• The Ending Violence Association of Canada's website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.