Opinion: Attempts to pick a side in the Johnny Depp v. Amber Heard defamation case will only hurt victims.
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In 2018, actress Amber Heard published a piece in the Washington Post in which she referred to herself as a victim of abuse. While she neglected to mention Johnny Depp by name, previous allegations and a very public divorce two years prior were enough for people to speculate to whom she was referring. Four years later, the two are involved in a legal battle with millions tuning in to watch. Depp sued Heard for $50 million, claiming that her allegations of abuse have lost him career opportunities. Heard’s legal team counter-sued for $100 million, arguing that Depp’s rejection of Heard’s allegations have defamed her character. The public quickly took sides, clinging desperately to certain evidence while dismissing that which doesn’t align with their own perspective.
The Depp and Heard case has been a circus and the online response has been a dumpster fire. While it might be tempting to ignore it all together, the chaos is a microcosm of how we are failing in our discussions of abuse more wildly. While it may be tempting to pick a side in the trial, it’s better to
Depp has won the court of public opinion. On social media edits, memes and compilation videos of Depp portray him as funny, sassy and likable. On the other hand, Heard is depicted as calculating, manipulative and villainous. Her body language, facial expressions and vocal cadence are under constant scrutiny, both by Depp’s legal team and by so-called body language experts.
Likeability plays a huge role in this trial, with Heard fitting cleanly into a Hillary Clinton-esque archetype. She’s dressed severely and seriously. She attempts to use feminism to her advantage and ultimately fails. She’s viewed as strategic and conniving but also as a bumbling fool. Witnesses characterize her as mean, whereas most characterize Depp as kind and generous. She’s not helped by the fact that her lawyers get flustered on the stand, don’t know how to use the microphone, and even once objected to their own line of questioning. Looking at the internet’s reception of Heard, it’s clear that she falls victim to the misogynistic tropes often used to discredit female victims.
However, some find it hard to feel too bad for Heard when considering some aspects of the case. Several sources corroborate that an injury to Depp’s finger most likely came from a bottle she threw at him, not, as Heard alleges, a phone he smashed onto it in a fit of rage. Heard was also caught on tape admitting to having hit Depp, and video footage seems to confirm that Heard could not have had certain injuries she alleges at the time she had alleged. Depp’s case is backed by a host of credible witnesses whereas Heard’s are flimsy at best. At worst, they seem to confirm Depp’s version of events.
This is a defamation trial which places the burden of proof on the Depp legal team to prove that Heard is lying about abuse, a feat that some of those following the trial believe them to have done successfully. Others aren’t so sure.
In a recent Vogue piece, titled “Why It’s Time to Believe Amber Heard,” opinion columnist Raven Smith argues that we must believe women who come forward about abuse, even if they are an imperfect victim. She ends the article by stating that “it’s time to believe women — all women.” #BelieveAllWomen is a powerful hashtag and slogan, especially in a world in which women are often not believed about their assault. But in my opinion, this slogan leaves a little to be desired. In a situation in which both parties allege some form of abuse, should the woman be believed 100% of the time? Are women truly incapable of being perpetrators of abuse?
When confronted with evidence, closing our eyes, plugging our ears and shouting “believe all women” may not be the most effective way to support victims of abuse. Lying about abuse in and of itself is a tactic used by perpetrators: a way to gaslight victims, isolate them from their loved ones and garner sympathy for themselves. Women are not incapable of being horrible, toxic people, and they are capable of being abusers.
However, we can’t ignore the reality of abuse as a gendered crime. One in four women experience severe domestic abuse in their lifetime, whereas only one in every nine men do. If a woman hits her male partner, she has the power to cause him pain and injury. However, a man could just as easily break her jaw or send her to the hospital. Physical abuse of a woman by a man is generally more serious and more likely to end in death or hospitalizations.
The public has decided that Heard must be the abuser. There is evidence that Heard has acted violently toward Depp. However, the public seems less focused on some of the evidence against Depp, such as a text exchange between Depp and fried Paul Bettany where Depp expresses a desire to burn her, drown her and rape her corpse. He would also destroy objects when angry, a tactic often used by abusers to frighten their victims.
Both Depp and Heard’s behavior can be interpreted as responses to abuse by the other. It’s common for victims to act in self defense, to yell and scream, to be violent with their partner. Survivors report resorting to extreme measures and acting in ways that they would have never envisioned for themselves.
We should not use this case to perpetuate the idea that women lie about abuse. We also must keep in mind that many of the strategies used to discredit women are being utilized against Heard throughout this trial. Simultaneously, we harm male victims when we refuse to acknowledge that women can also be perpetrators.
We are fundamentally uncomfortable with the knowledge that we cannot know the truth. If we fail to make clear distinctions about who abused who then we can’t know who to cancel, who to stan or who to make fan cam style edits of. It is important to stand up for victims. But sometimes the best you can do for them is to choose not to contribute to harmful rhetoric about what it means to be a survivor. The trial is not a sports game, a meme, or the newest episode of your favorite drama. These are real people in a real-life situation that needs to be treated with the seriousness and nuance it deserves.
