Has Public Opinion On Depp V. Heard Shifted?
Just over a year ago, the defamation trial between Amber Heard and Johnny Depp exploded into a nearly unavoidable reality tv-esque media circus. The few who called out the callous, mocking treatment of Amber at the time were overshadowed by the intense wave of hatred and trolling sent her way. But in the months since the end of the trial, and after more facts were unearthed, the general public has been more willing to question this behavior and the effect it had on victims at large.
A string of recent court victories, from E. Jean Carroll’s to Evan Rachel Woods’ to Megan Thee Stallion’s, have felt like a significant shift away from the backlash against victims that was seen during the Depp-Heard trial. But the new Netflix documentary on the trial makes it clear that society hasn’t totally moved on from treating the case as one-sided tabloid fodder. Here’s our take on the aftermath of the Depp-Heard trial, the myth of the “perfect” victim, and how more recent cases are paving the way forward for victims.
New Information & The “Perfect Victim” Problem
Since the conclusion of the Depp-Heard trial, there’s been plenty of time to reflect on the way things played out and how Amber was treated by the public. Through this retrospection and the revelation of new, key information, public opinion has begun to shift. Although Amber was imperfect when it came to the ordeal, the trial and media spectacle brought to light a struggle that many victims face in the spotlight: the myth of the “perfect victim.” When victims do come forward, their abusers (and others outside of the relationship who don’t want to believe that the abuse happened) will look for any reason to discredit the victim and say that they actually caused or even deserved the abuse. The victim drinks, or wears clothing deemed “inappropriate,” or doesn’t have enough hard evidence, or has too much evidence: all these little things will be used in an attempt to sway opinion against them. Heard found herself being attacked mercilessly on social media because many people felt she wasn’t a perfect victim, even early on before much of the trial had taken place. As civil rights attorney Alexandra Brodsky told Time, “They discredited Heard based on conduct that had nothing to do with whether she was abused or not. I had really naively thought that we were past that after #MeToo.” Even after losing a similar suit in the UK, where it was found that “The Sun’s claim that Depp was a “wife beater” was “substantially true” and that Depp had physically abused Heard at least 12 different times,” for much of the US trial, much public opinion still framed Depp as a beloved actor and Heard as an enterprising gold-digger. As countless memes mocking Heard swept the internet, much of the loudest public sentiment was decidedly in Depp’s favor, to the point that to speak out in support of Heard was seen as a risky move. Actress Constance Wu claimed that her mentions of Heard’s vilification were quickly hushed by interviewers while Phoebe Bridgers was unabashedly transparent about her disgust of the situation, stating, “That whole situation was so upsetting to me, that it was treated like a fandom war. Laughing at someone crying in court? It was disgusting.” This imbalance in power, and the silencing it created, set the foundation for an eerie prediction: that future cases with similar dynamics could be milked to the ‘likable’ individual’s favor. Especially if the victim is not a so-called “perfect” one.
Netflix’s new documentary ‘Depp v. Heard’, however, proves that not everyone has had this shift in opinion. The doc claims to be an exploration of the toll the intense social media scrutiny and trolling had on the trial and Depp and Heard themselves, but instead proves to pretty much just be a clip reel of those social media posts with no larger interrogation or examination. As Audrina Heinrichs noted in her review for Jezebel, “the docuseries makes clear that many spectators were overwhelmingly biased against Heard but fails to interrogate that bias; doesn’t dissect how trafficking in conjecture was lucrative for looky-loos; and refuses to do more than speculate about the anti-Heard trolls that cemented this as “one of worst cases of cyberbullying” ever.” The docu-series is just an amalgamation of TikTok and YouTube clips from the time of the trial, presented essentially without any added context or pushback to what’s being said, and also chose not to include the more damning information that was unsealed about Depp post-trial. (This is perhaps not quite so surprising given that Netflix itself apparently plans on streaming Depp’s comeback film after it ends its theatrical run.) The series so often feels biased toward Depp’s side that when it does attempt to have some balance it almost feels futile. As Daniel Fineberg wrote for The Hollywood Reporter, “It’s less that Cooper wants her documentary to be balanced than that she wants to chronicle the imbalance, which apparently is almost impossible to do without perpetuating more of the imbalance.” The documentary itself shows how difficult it still is for many, both in the media and online more generally, to really come to terms with the horrible nature of the media circus around the trial and examine what it says about our culture.
But, the passage of time has revealed more voices coming out in support of Heard, as the voices that were pointing out the problems with how the trial was framed from the beginning were finally being heard, and people across the board started really taking stock of how terrible it was that this case was treated like a reality tv show. Even Depp’s lawyer Camille Vasquez recently admitted to deliberately playing up the theatrics of the case to take people’s attention away from the actual details. Despite already being treated as a content mine, a film adaptation of the trial was released mere months after its conclusion. While the project received some support from Depp fans, the overwhelming majority of viewers saw it as an unnecessary addition to an already publicized trial.
Even more damaging, Depp saw his alleged likeability really called into question after the emergence of previously sealed court documents, a reveal ironically paid for by his own fans. These documents saw claims of Depp attempting to submit nude images of Heard as evidence, clashing with Disney over his own behavioral issues, and communicating with another alleged abuser, Marilyn Manson. After all of this data was revealed, even some of Depp’s more ardent supporters began to look at the trial in a different light. Depp’s cult of personality has allowed him to attempt a rebound in Hollywood. Jeanne du Barry, a film featuring Depp in the role of Louis XV, opened the 2023 Cannes Film Festival, he recently signed the biggest men’s fragrance pact in history with Dior and is confirmed to be directing his first film in 25 years.
Post-trial, Heard took some time out of the spotlight, leading to rumors that she was quitting Hollywood completely. But she returned this year with her lead role in In The Fire and is also set to appear in Aquaman and the Lost Kingdom later this year. In her statement after the settlement, she made it clear that while she is ready to move on, “it is not an act of concession.” She’s noted that she’s ready to move on and find new happiness in her life after moving to Spain with her daughter.
Did The “Me Too Backlash” Prophecy Come True?
In the shadow of the Depp-Heard trial, there was much fear among both activists and victims that the post-#MeToo backlash seen during that trial would lead to a wave of similar outcomes in the following cases. And seeing the outcome of the trial, and how the public was willing to bash Heard for being less than perfect, did seem to embolden some alleged abusers.
Not long after the Depp-Heard trial ended, Marilyn Manson filed a defamation suit against Evan Rachel Wood for her claims of abuse during their relationship, the multi-year struggle prompted by Wood speaking out about her abuse on Twitter and later in the HBO documentary series Phoenix Rising. But a majority of his suit was recently tossed out by a California judge, throwing out his claims against her as nearly baseless. Wood, through her dedicated activism, has pointed out significant faults within the court and law systems that prevent other victims from speaking out. While Manson’s case against her being thrown out is a relief, as Wood notes, it’s just scratching the surface of changing the system to be safer for victims.
Tory Lanez being found guilty of assault plus two additional charges and sentenced to ten years, also feels like at least a bit of a shift in a system that very seldom sides with or works to protect black women. And Megan’s refusal to stay silent throughout multiple attempts to rewrite the narrative against her sent a powerful message to victims. Even after Lanez was convicted, many in the rap community continued to try to discredit Megan. But her refusal to accept this abuse or the alteration of the truth is a testament to her strength of character and also provides hope for other victims that they, too, will be able to stand up for themselves against their abusers and naysayers.
Further denying the terrible prophecy, Journalist E. Jean Carroll won her suit against former president Donald Trump, with the jury finding him “liable for battery and defamation.” Trump had long seemed nearly untouchable, never seeming to really have to face consequences for the many times he openly flouted the law, so many feared that he would somehow weasel his way out of this lawsuit as well despite the evidence. But in the end, Carroll scored a win for herself and other survivors, being awarded $5 million in damages. In a statement following the verdict, Carroll said, “This victory is not just for me but for every woman who has suffered because she was not believed.” There’s still a very long way to go in creating an environment where victims feel safe coming forward without having to worry about retaliation from their abusers as if they’d be slapped with a court-sanctioned gag order and subjected to public humiliation for initiating a “witch hunt against men”. But these cases do give us hope that in the wake of the Depp-Heard trial, the pendulum is finally swinging away from the #MeToo backlash and towards a space where victims can confidently speak their truth.
Conclusion
The unfortunate reality-tv-esque media frenzy seen throughout the Depp-Heard trial was and is a difficult reminder of the opposition individuals face when speaking out about abuse. And while the public may have gained some retrospective awareness about this damage in hindsight, its effect on Heard and other survivors is irredeemable. While significant advances in other high-profile abuse cases are a valid cause for celebration and even hope, the difficulties victims face in speaking up will always persist unless real change occurs within the systems we all operate under. Hopefully, we can learn from the mishandling of the Depp-Heard trial to make room for survivors to share their stories without being demonized by the media, even if they aren’t the “perfect” victim. And while these recent wins are steps in the right direction, much work remains to ensure that all victims are supported and encouraged to speak out.
Sources
Dockterman, Eliana. “The Depp-Heard Trial Perpetuates the Myth of the Perfect Victim.” Time, 2 Jun. 2022, https://time.com/6183505/amber-heard-perfect-victim-myth-johnny-depp/. Accessed 14 Aug. 2023.
McMenamin, Lexi. “Phoebe Bridgers on Abortion, Me Too, and Misogyny in the Music Industry.” Teen Vogue, 26 Oct. 2022, https://www.teenvogue.com/story/phoebe-bridgers-october-2022-cover-interview. Accessed 14 Aug. 2023.
Sullivan, Becky, et al. “A jury finds Trump liable for battery and defamation in E. Jean Carroll trial.” npr, 9 May 2023, https://www.npr.org/2023/05/09/1174975870/trump-carroll-verdict. Accessed 14 Aug. 2023.
VanHoose, Benjamin. “Amber Heard Breaks Silence on Moving to Spain After Johnny Depp Trial: ‘I Love Living Here’.” People, 1 Jun. 2023, https://people.com/amber-heard-breaks-silence-move-to-spain-love-living-here-7506725. Accessed 14 Aug. 2023.