Johnny Depp and Amber Heard: ‘People tend to believe in powerful men, especially someone with the actor’s popularity’

BBC News World

The defamation suit between Johnny Depp and Amber Heard is not only debated in US courts, but also in the “court of public opinion”. Images of both actors went viral on social media. Hundreds of thousands of people watch audiences broadcast on YouTube or television channels.

The trial, which takes place in the US state of Virginia, began on April 11 after Depp sued the actress on an alleged false accusation of domestic violence.

Over the course of three weeks, a series of witnesses – including the two artists – revealed intimate details of their relationship. The jury, judge and the public heard several stories from the couple about fights, insults and jealousy.

Heard claimed, among other things, that her ex-husband, whom she married in 2015, sexually abused her. While the protagonist of “Pirates of the Caribbean” insisted that she never committed such acts and that, on the contrary, she was the victim of verbal and physical abuse by her.

Some voices suggest that public opinion is on the actor’s side and that is demonstrated by the comments and millions of hashtags in his favor on social media. Others warn that the case could have an impact on victims of domestic violence. Court hearings are in recess and will resume on May 16th.

BBC News Mundo, the BBC’s Spanish-language news service, spoke about these issues with Professor Carrie N. Baker, who teaches at Smith College and holds a PhD in Women’s Studies from Emory University in the United States. Baker is also a lawyer specializing in sexual harassment.

How Ms. describes the process between Amber Heard and Johnny Depp?
Baker: This is a defamation lawsuit. It is common for a person accused of abuse to file these types of lawsuits. But unlike elsewhere, like in parts of Europe, in the US we have strong protections for free speech guaranteed by the First Amendment to the Constitution. It’s very difficult to win a libel suit, especially if you’re a public figure like Johnny Depp. However, the public reacted very positively towards him. Still, I would be very surprised if he ends up winning the case.

Why, then, file the lawsuit if it’s so complicated to win?
Baker: It is often an attempt to get a public hearing, contest the charges, and clear your name. People accused of abuse have more resources than the other party. And sometimes they hope to resolve it before the case ends, extrajudicially. This is often the reality in the US; defamation cases are so difficult to win that they end up being resolved sooner.

Mrs. then alleges that Depp is using the US justice system to clear his name…
Baker: Yes. This is an opportunity for him to air his arguments. In the court of public opinion, Johnny Depp has been very successful in projecting himself as a victim. We’ll see what happens in the end, but it’s very difficult for women to have control in these cases. Even if Depp doesn’t win the case, people will only remember what happened during the trial. And he appears as if he had been the victim.

Mrs. could you explain the concept of “court of public opinion”?
Baker: It’s what people perceive of a court hearing and how the participants in the legal process are presented in the media. He [Johnny Depp] is a public figure and obviously had a lot of behavioral problems. And she’s trying to get her reputation back. The possibility of him and his lawyers arguing in court that she, Heard, is the one who did the wrong allows them to recalibrate her image perception.

Heard is seen as mentally unbalanced and less believable. All of this is built on stereotypes about women as more emotional and over-the-top people. These narratives about male and female behavior play in your favor [do ator]. I believe the system is biased in favor of men.

But there are those who claim that both actors were violent. Mrs. Do you think there’s a case of two-way violence here?
Baker: Certainly, women can commit violence against men. But the statistics of violence by men against women are higher. And when men commit domestic violence, they tend to take it more seriously. Generally, they are more likely to attack their partners.

This has a lot to do with the fact that male violence is more accepted in society. In addition, when women behave violently, the proportion of physical abuse tends to be lower, it tends to be another type of abuse, such as psychological abuse. And yes, that might help Amber Heard, because people are more inclined to see more women as victims of domestic violence.

How can this highly publicized case influence people who have been victims of domestic violence?
Baker: I think when some women see how other women are treated when they decide to report the abuse they have suffered, it can discourage them from speaking up. They don’t want to be treated the way Amber Heard was treated.

But they can feel identified. There are historical examples, such as when Anita Hill (American lawyer and professor) accused (currently Associate Justice of the US Supreme Court) Clarence Thomas of sexual harassment. In hearings before the (US Senate) Judiciary Committee for Thomas’s confirmation in office, Hill was mistreated.

But after these public hearings, many women began to report cases of sexual harassment and assault. The number of complaints has increased. All because women identified with Anita Hill. They can feel validated because they see that they are not alone.

How does an abusive relationship change when one of the parties is a famous or powerful person?
Baker: They could have more power and resources to hire lawyers. This is why many powerful men use the courts as an abuse tactic. They want to silence the people who expose them. They take legal action to intimidate. I emphasize that this is a common technique.

People tend to believe in powerful men, especially someone with Johnny Depp’s popularity. We’ve all seen it in movies. Everyone loves him in “Pirates of the Caribbean”. He’s one of the most popular actors in the world and I think that could be a big factor in how he’s perceived and the level of sympathy people have for him.

Lawyers asked Amber Heard why she didn’t end the relationship after being abused. She replied that she loved Johnny Depp. What happens to an abuse victim who may have a hard time leaving her partner despite the situation she finds herself in?
Baker: It is very difficult for a person who has been abused to leave a relationship. Sometimes leaving the relationship can be dangerous. It may displease the aggressor. Many women are also financially dependent on their abusers. Although I don’t think this is the case at hand.

Other times there are children involved and they are concerned about protecting them. They feel that it will be better for them to have their parents together. There is also another thing called the “abuse cycle”. It happens when a person abuses someone but later apologizes and promises not to do it again.

Initiates a series of behaviors to keep the abused person close. Then the abuse starts again and may even escalate. Sometimes it happens in couples who have a long relationship and love each other. Therefore, it can be very difficult for a woman to get out of this violent relationship.

During the trial, no domestic violence experts testified. How could that change the jury’s opinion?
Baker: There are experts who can testify to what is often called battered woman syndrome. This is to educate the jury on why women can remain in an abusive relationship despite mistreatment. Many people do not understand that they are being abused.

This can also influence public perception…
Baker: Yes. But what’s happening in court is one thing and what’s happening on social media and the media is another. In court, there are restrictions on what evidence can be presented before the jury. But in the court of public opinion there are no restrictions.

Amber said that there are eyewitnesses to some of the violent acts perpetrated by Depp. Could she present these witnesses during the trial?
Baker: Of course, absolutely. But she has no burden to prove anything. He sued her for defamation and has the burden of proving it.

What could be a possible outcome of this case?
Baker: It’s hard to answer. But, as I said, it is difficult to win a defamation case in US courts. Even more so as a public figure. If you’re an ordinary citizen and you file a defamation suit, it’s easier to win.

Basically, this is because if you become a public figure, you are opening the door to public criticism. But public figures have won defamation cases. It usually has to be a very strong case and this one doesn’t seem to be. But it is up to the jury to analyze all the evidence and determine whether or not it is credible.