Editor’s note – This is an opinion piece written by a Forge Press contributor, covering an emotional and divisive issue. We want all students’ opinions to feel represented, which means that any published content does not reflect the view of Forge itself. If you are affected by any of the issues in this piece, you can access services through the university here, or call Refuge’s National Domestic Abuse Hotline on 0808 2000 247.
Content warning – domestic violence, abuse
“Tell the world Johnny. Tell them, ‘I Johnny Depp, I’m a victim, too of domestic violence,” says Amber Heard, in a now-viral recording that was played in a US court in May. Depp replied in the recording saying, “Yes, I am.”
It has been almost impossible to avoid the defamation trial between Johnny Depp and Amber Heard, as it has swept the world as an incredibly messy deep dive into every intimate aspect of their short yet turbulent marriage. An integral feature of the trial was accusations of domestic violence, though neither party was on trial for this issue. Having such a public trial that dealt in some capacity with an issue as serious as domestic violence does beg the question, how will the Depp/Heard saga impact future cases?
A clearly positive impact of the trial is that it has allowed male survivors of domestic abuse to feel publicly represented, especially when this is something that has been largely unrecognised, and seen as taboo. In an interview with NBC, Tony Enos, A Philadelphia pop singer, who himself is a survivor of domestic violence, said “awareness is everything… men can be survivors of [domestic violence] and interpersonal violence, too.” He later said “When I initially heard, I was a little shocked. I was like: ‘Wow. Who would have thought that this could happen to Johnny Depp?” This therefore demonstrates that anyone can experience domestic abuse, regardless of gender, fame or status. There is no doubt that Depp’s experience will allow more male survivors of domestic violence to open up about their experiences, to feel as though they will be believed and listened to. The fact that 1 in 4 men have experienced some form of physical violence by an intimate partner (National Coalition Against Domestic Violence) shows just how common it is.
It is worth noting that Heard won on the defamation count regarding Depp’s lawyers alleging that she made up claims of being a survivor of domestic violence herself – suggesting that the jury believed she was being truthful in said claims.
However, there are also severe downsides to the Heard/Depp defamation trial. The way in which Heard has been so widely mocked and condemned online could dissuade future women from speaking up about their own experiences for fear of being ridiculed. Regardless of your opinion on Heard, it is hard not to grimace when reading her being referred to as a “a gold-digging Me Too activist who saw an opportunity to further her career,” in the comments of the CourtTV stream which millions of people tuned into daily to watch the trial. This seems to represent a regression in the way in which society treats women within such intimate cases, which could have a devastating impact for the future and how we approach domestic violence.
Media commentary, combined with the intense reactions of the general public, may jeopardise the idea that one has the right to a fair trial, and jump to assume that a victim is not being truthful in their accusations, especially when money is involved in damages. This could lead to victims being more harshly cross-examined, or that more intimate details in such cases will be brought into the court, something that could be incredibly painful and therefore further dissuade future victims from speaking up. It is also worth noting that although the jury were instructed to not read any online commentary about the case, they were not sequestered and were able to keep their phones.
The Heard/Depp trial has portrayed domestic violence cases as messy and unclear, which could have a catastrophic impact on whether future victims are believed and listened to. Jurors were told of Heard’s experience of PTSD, but experts later discredited this.
This trial has therefore “normalised” these grey areas in domestic violence cases, which is such a shame, given how difficult speaking up has been for survivors of abuse at the hands of powerful, wealthy figures – just look at the Harvey Weinstein and Bill Cosby cases, for example.
The testimony of Johnny Depp, as a powerful and influential man, may represent somewhat of a turning point in public attitudes, allowing men to feel heard, not ashamed, yet this remains the only positive impact this trial may have on future cases. Toxic discourse around the trial will most likely have a catastrophic impact for future cases, in which the credibility of all victims could be immediately called into question, representing a clear regression in how we deal with such a serious societal issue.
