Domestic violence victim advocates fear fallout from Depp-Heard trial
What began as a defamation lawsuit brought against actress Amber Heard by ex-husband Johnny Depp turned quickly into a media circus, with cameras rolling in the courtroom and #JusticeForJohnnyDepp trending on social media.
For six weeks, while the world gobbled up the case in bite-sized social media clips or watched, wide-eyed, Court TV’s livestream, a seven-member jury sat attentively as Depp and Heard recounted years of abuse and contemplated photo, video, text and voice messaging evidence.
Instagram accounts like @johnnydepptrialupdates sold #TeamJohnny merchandise. While social media shouted support for the “Pirates of the Caribbean” star, Heard was vilified online, painted as a liar and called far worse on YouTube and TikTok, where videos mocked her tears and accused the actress of snorting cocaine on the witness stand.
When the jury announced its verdict Wednesday that Heard’s 2018 Washington Post op-ed defamed Depp and awarded him more than $10 million in damages, the internet cheered and domestic violence victim advocates hung their heads.
“The jury, they weren’t asked to decide who abused who. They were asked to decide whether Amber Heard’s words amounted to defamation,” said Leslie Orbin, communications specialist for Domestic Violence Services of Southwestern Pennsylvania. “A lot of people looking at it see the verdict: he was right, she was wrong, she wasn’t experiencing abuse in her relationship, which isn’t the case.
“Our agency is very concerned about the messaging that it may send to survivors. They might see the world not believing someone who is famous, beautiful and wealthy, (and be) reluctant to seek help.”
In Pennsylvania and other states, domestic violence is not a specific crime. If domestic abuse is reported to authorities – and studies show that only half of all cases are – aggressors are charged with harassment, or assault.
Following the Depp-Heard verdict, the National Coalition Against Domestic Violence (NCADV) issued a statement expressing the nonprofit was appalled and has “serious concerns for victims’ and survivors’ ability to speak out” about abuse.
“At the heart of domestic violence are dynamics of power and control,” wrote the NCADV. “Victims of domestic violence can be female, male, or non-binary. The important thing to remember when identifying an aggressor is to focus on who possesses the bulk of power and control between the two partners.”
In 2020, the more storied, more famous Depp unsuccessfully sued the United Kingdom tabloid The Sun for calling him a wife beater. But in Fairfax, Va., where Depp was surrounded by diehard fans, the defamation suit against his ex-wife played differently.
“Defamation cases are very difficult to win and are rarely brought into the civil justice system,” said attorney Robert Peirce, owner and managing partner at Robert Peirce & Associates in Pittsburgh. “Most instances of domestic abuse are not reported to authorities and are not brought (to court). This is a rare situation where focus on domestic abuse occurred in a defamation cased based upon Mr. Depp and Ms. Heard’s lost revenue.”
Early in the trial, focus shifted from defamation to domestic violence. Even feminists who once plastered the mantra “Believe All Women” to social media shared “Justice for Johnny Depp” content.
“I think any time there’s an allegation of domestic abuse and the person who alleges abuse has to deal with a public outcry in such a negative manner, that could have an impact on women or other victims of domestic abuse bringing their allegations forward,” Peirce said.
That’s a fear shared among domestic violence victim advocates.
“As far as the #MeToo movement goes, this is something that might send the wrong message to survivors,” Orbin said. “We want to reinforce the message that there is help available. Every survivor, we believe you, we’re here for you.”
If every survivor includes male victims, then the Depp-Heard outcome reads differently.
Valeria Altobelli, founder of the Italy-based nonprofit Mission NGO, which supports women and children suffering abuse, lent her voice to the chorus of Depp support.
“As women, we have compassion and we feel empathy not for THE star, THE talent, THE actor, but for a man, a father, a worker, A HUMAN,” Altobelli wrote in an open letter.
Like many millennials, Alaina Houser, a Washington & Jefferson College student, shared memes supporting Depp on social media. She said she didn’t follow the case closely, but knows enough to know she’s pro-Depp.
“I just really believe that there aren’t enough cases getting publicized about men being in … these types of domestic abuse situations,” Houser wrote in a Facebook message. “It just so happened that this was a famous actor like Johnny Depp and it was getting attention of the media. But a lot of times I feel like the men already have a disadvantage in these types of court cases because not a lot of people want to believe that women in abuse can be just as prominent as male abusers. I feel like this case really shed light on how false reporting can affect a person’s life.”
According to DVSSP, 1 in 4 women and 1 in 10 men will be victims of domestic violence. After watching Depp’s testimony, men experiencing abuse may be inspired to seek help, Orbin said.
“We’ve had men come into our offices to file PFAs. We’ve also had men stay in our safe houses,” she said. “They … feel like they’re an anomaly. If they see this example of somebody who is a strong, powerful man who has the obvious means and resources to leave, somebody like Johnny Depp experience this type of abuse, it might help men feel more comfortable coming forward.”
While, as Peirce noted, defamation cases don’t typically make it into courtrooms, let alone headlines, and most domestic violence cases brought into the court system are for elder abuse, the Depp-Heard trial has brought both to the world’s attention.
While the trial highlights “survivors and perpetrators of domestic violence don’t always fall into narrow stereotypes,” said Orbin, its impact on the #MeToo Movement is not yet clear. Will more men speak out about their abuse experiences? Will fewer women seek help for fear of being treated like Amber Heard?
So who really won: Depp or Heard, men or women, victims or abusers? The internet is loud, and Peirce cautions against basing one’s opinion on a headline or 30-second soundbite.
“People tend to jump to conclusions about a case sometimes based on their personal preferences … without ever seeing any of the evidence. That’s a mistake,” Peirce said, noting the jury heard all evidence over a period of time condensed into small bites for the general public.
“Our justice system is not perfect, but it is, quite candidly, the best in the world at allowing parties to have an opportunity to litigate a matter in the fairest way possible.”