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James Toback, Accused of Sexual Assault, Will Not Be Charged by LA District Attorney

Five sexual misconduct cases against director have been turned down due to statute of limitations

The Los Angeles District Attorney’s office has rejected five sexual misconduct cases against director James Toback on statute of limitations grounds, according to court documents obtained by TheWrap.

The rejection comes after the cases were reviewed by the office’s special task force handling claims of sexual misconduct and harassment in Hollywood. The cases, which have claims dating back to 1978, were sent to the D.A.’s office by Los Angeles and Beverly Hills police in January.

In two cases that were said to have taken place in 1993 and 2008, the LACDA ruled that there was evidence to prove that Toback had committed sexual battery but that they were outside the one-year statute of limitations. According to accounts in both cases, Toback rubbed his groin against the accusers’ legs until he ejaculated.

Two other cases that took place in 1978 and 1980, according to accusers, also fell outside of the statute of limitations. The fifth case, which had a similar account and is also reported to have occurred in 2008, was dropped because the accuser stopped cooperating with police and refused to speak with prosecutors. Though it also falls outside the statute, the DA’s office said it will reconsider the case if the accuser agrees to speak with them.

Toback was thrust into the scrutiny spawned by Hollywood’s #MeToo campaign after a Los Angeles Times report outlined scores of sexual harassment and assault accusations against the director. After the report was published, the Times said it received more than 300 additional accusations against Toback.

Toback has vehemently denied all accusations, telling Rolling Stone in a fiery response published shortly after the Times exposé that his accusers were “a lying c–sucker or c– or both”

Tim Kenneally contributed to this report.