DEPP V HEARD: PRECEDENT OR PARAGON

TW: This article contains information that could be potentially triggering.  

The Depp v. Heard defamation trial began April 11 and has been one of, if not the most, covered celebrity trials over the last decade. For those that may not be informed, world renown actor Johnny Depp (famous for characters like Captain Jack Sparrow and Edward Scissorhands) has brought his ex-wife, Amber Heard (an actress in films including Magic Mike XXL and Aquaman) to court in a defamation suit. In 2016, a judge issued a restraining order against Depp on Heard’s behalf after she arrived in court with a bruised face. The pair’s divorce was finalized in 2017, and in 2018, Heard released a now-notorious op-ed where she discussed being both a public figure as well as a victim of domestic violence.  

Soon after this article was released, Depp would file a defamation lawsuit for 50 million dollars – stating that Heard was the abuser, not him. The case finally went to trial this month, and wow, has it been crazy. We’ve learned a lot from it – that men, even famous men, can be victims of domestic violence too. I would argue that this is the most good to come out of this case. Unfortunately, there’s been a ridiculous spread of misinformation surrounding the issue (not to mention an incessant cherry-picking of clips) that teaches us a lesson: whether people want to believe it or not, the public eye, general media, and even the court system itself still benefit men.  

Yeah, no one is going to like this take. But it needs to be discussed. I want to make a disclaimer before getting into this: Amber Heard is absolutely an abuser and a terrible person based on evidence presented in court. Regardless of where this article goes, keep that in mind. Severing someone’s finger (whether intentionally or otherwise) and entering physical violence in an altercation is seldom, if ever, excusable – and Heard did admit to hitting Johnny, at least once. That being said, let’s also remember something: this is a defamation case. That doesn’t mean Amber Heard is on trial for abuse. She’s on trial for lying about abuse. Now, if she can prove that she wasn’t lying, then Depp loses the case. On the other hand, if Depp’s team can prove that she was lying about being abused, he will win his settlement of 50 million dollars.  

No one is going to go to jail. Libel and slander are not felonies. They are not crimes. They are “torts,” which, for my non-legal folk, means a civil wrong. You can sue them and win some cash, but pretty much no one goes to prison. Free speech, right? Depp’s suit is not half of the actual abuse that Heard exacted, but rather the repercussions of alleged lies she told to the media. These accusations on Heard’s behalf would lead to Depp losing out on a myriad of job opportunities and ultimately being cut from the Pirates of the Caribbean franchise – as well as, as the case would go on to assume, a loss of public support and good-standing.  

However, that’s not what happened, is it? Defamation case aside, job deals aside – if one thing has been made clear during this trial, it is that Depp has continuously retained public support. Not just from fans, but from people that don’t know anything about him or his movies: from other celebrities, from Heard’s own family. Heard mocked Depp in a tape recording, crying, “tell the world, Johnny, tell them I, Johnny Depp, a man, I’m a victim too of domestic violence… and see how many people believe or side with you.” Well, he did tell the world. And the world has had his back. In an isolated light, this is something great. The entire world, the entire media landscape, and both men and women alike are coming to support their favorite actor. It is something nice, then – to for the first time ever, see both frat bros and feminists agreeing on a domestic violence case.  

That’s all great. But it doesn’t change the fact that items of evidence drawn up against Depp in court are absolutely reprehensible, and nobody is paying attention to them. One string of text messages (taking place before Heard’s abuse towards Depp began) play out Depp’s fantasy of murdering his then-girlfriend. “Let’s burn Amber!!!” They read. It gets worse, though. “Having thought it through I don’t think we should burn Amber – easy on the eyes […] We do a drowning test […] I have a pool.” And then, after that: “Let’s drown her before we burn her!!! I will f— her burnt corpse afterward to make sure she is dead…”  

I’m sorry, what? Oh, and there’s more! There are a variety of audio recording clips presented to the court, including ones wherein Depp cuts himself while Heard pleads for him not to. In another clip, Depp threatens violence: “If I don’t walk away…” he states, “it’s going to be a bloodbath, like it was on the island.” There are also a variety of recordings wherein he degrades Heard, yelling “you stupid f—!” at her. It is worth mentioning that, during the time of all alleged abuse and verbal degradation, Depp was also knee-deep in a variety of substances, from pills to alcohol.  

This article is not to say that Heard did not abuse Depp, not even to say that Depp is the real abuser. It is, however, to say that in this marriage, there is no one who is completely innocent – and to be quite frank, there is no way to pinpoint who carried out the initial abuse and who was the reactive abuser. The unfortunate part is, however, that during this trial, the only coverage circulating on social media is that which paints Depp as a pure and harmless family-movie actor who got caught up with a terrible person. And yeah, Amber Heard probably is a terrible person. Her track record definitely shows it.  

That, actually, may be the worst part of this entire situation. Not only does it look like Heard “cried wolf” (though, let’s be honest, the evidence points to the conclusion that she didn’t completely defame Depp), but she is also guilty of some forms of abuse. In a world where people, especially men, already struggle with believing women when they point out abuse claims – this is a step backwards. This case sets a very, very grave precedent. Now, when a woman (especially one in a high-profile relationship) has her #MeToo moment, the first wave of responses will be “well, remember the Depp/Heard trial. Women lie.” Women lie, women lie, women lie. That’s what they’re always accused of, right? False allegations are just as dangerous as actual rape and domestic abuse, right?  

The worst part is that it seems like – whether Heard was the initial abuser or not – she did in fact suffer some form of violence, whether verbal, emotional, or otherwise – meaning that there’s a strong chance Depp doesn’t lose his defamation case. The outpour of support for him has shown that he hasn’t lost much and, if anything, his loss of career opportunities could be chalked up less to allegations (with no foothold in evidence) and more to his intense substance abuse. The point in this? Heard is not a perfect villain and Depp is not a perfect victim, or vice versa. Both people within the relationship have said and done disgusting acts that nobody in a relationship should do to each other. This trial has taught us that, unfortunately, there is an inherent bias.  

“Meninists” and other members of society posit that a double standard exists between men and women who claim to be victims of abuse. This “double standard” posits that when men are survivors of abuse, the initial societal response is “no, men can’t be victims,” and brush the issue aside. This scenario has shown us that (1) that is not true – which is a good thing – and that (2) the moment a man does admit he is a victim he will receive an outpour of public affection and support. Yeah, that does sound like a bit of a double standard – considering that female celebrities like Rihanna still have to watch their abuser thrive. In its own way, this trial is a step in the right direction for all abuse survivors – in gaining public support. However, this specific scenario shows us that we have a lot to work on – the first item of the list probably being a reservation of immediate assessments of character. There’s a reason both of these people have been or are on trial. Neither of them are perfect. So let’s take a step back from fangirling and high-fiving over a man who – if we received the verbal treatment of, we’d likely say we were abused by – and take this for what it is: a victory in believing victims, but a failure in fair judgment.