Legal experts are reassuring victims of domestic violence that they should keep telling their stories, despite a recent Rolling Stone article suggesting that “hundreds of thousands” of women may be “silenced” as a result of the verdict in the widely publicized publication Johnny Depp-Amber Heard defamation trial.
An alleged abuse victim named Meghan, whose last name was withheld, was interviewed by the magazine.
Meghan claimed her husband threatened to sue her after she accused him of domestic abuse. She described the verdict as “gagging the mouths of victims who were just beginning to speak.”
“This case is my worst fear on a public stage,” Meghan told Rolling Stone. “[It] tell me that [my ex] was right. If he wanted to, he could destroy and humiliate me beyond repair.”
Forensic Psychology Ph.D. and so-called misogyny expert Jessica Taylor told Rolling Stone that the Depp decision marked the final chapter of the MeToo movement
On Wednesday, Heard was ordered to pay Depp $15 million, but a judge limited the amount to just over $10 million.
Heard also won a $2 million judgment in her counterclaim against Depp, meaning she was ordered to pay him more than $8 million.
An attorney for the Aquaman star said she was unable to pay the judgment. Heard reportedly plans to appeal the decision.
The Rolling Stone article went on to hint that the Depp ruling will stop abuse victims from coming forward, but lawyers say victims should still feel confident speaking out.
Libel and libel attorney Siddartha Rao of Romano Law in New York City said that “extraordinary cases like the Depp litigation in general are not good guides for predicting outcomes in more typical cases.”
“The outcome of the Johnny Depp litigation would only impact cases with similar facts. Defamation claims and standards also vary from state to state, making it harder to generalize about the Depp ruling,” Rao said.
Rao added that despite the potential and undeniable psychological impact the trial could have on victims, if they choose to speak out against their abusers, they remain legally protected.
“Of course, the Depp ruling may have a psychological deterrent effect on abuse victims to speak up, and it may even encourage some lawyers to threaten defamation lawsuits in exchange for secrecy,” Rao told .
“However, legally, abuse victims should understand that the facts of the Johnny Depp trial were atypical and that the truth is always a viable defense against a defamation lawsuit.”
Forensic Psychology Ph.D. and so-called misogyny expert Jessica Taylor told Rolling Stone that the Depp decision marked the final chapter of the #MeToo movement and that she has been contacted by “hundreds” of domestic abuse victims who want to retract their public accounts of abuse for fear of Retribution.
“This is basically the end of MeToo,” Taylor told the outlet. “It’s the death of the whole movement.”
“…Survivors seeing this will reconsider everything they say out loud about what happened to them and the possibility of being sued and dragged through a jury trial for saying something they know it is true, but they could be found guilty of slander.”
On Wednesday, Heard (right, in black) was ordered to pay Depp (left) $15 million, but a judge limited the amount to just over $10 million. Heard also won a $2 million judgment in her counterclaim against Depp, meaning she was ordered to pay him more than $8 million.
Safe Horizon’s vice president of criminal justice programs, Maureen Curtis, told Rolling Stone that the ruling would further discourage victims from “speaking out in the media against their abusers.”
“Could it be a backlash to the MeToo movement because it was a time when survivors were heard? Yeah, I could see there’s a push back,” Curtis said.
“But it’s nothing new. That was before the MeToo movement. It’s something we’ve seen all along.
Abraham Lichy, a partner at McLaughlin & Stern, told that he was unconvinced by the Depp-Heard trial and subsequent verdict, “a practical reason to fear it.” [victims] may be penalized for making claims [alleged abusers].’
Generally, to bring a defamation case, as this varies from state to state, the plaintiff must show that a false statement presented as fact was made and published or disclosed to a third party, Lichy said.
They must also show that the person making the claim was at least negligent and the person to whom the claim relates caused harm.
Lichy argues that the grounds for litigation ultimately depend on their veracity, whether or not the allegations are defamatory.
“A very important thing to note is that truth is an affirmative defense. In general, if someone posts something negative about a non-public person, and even if that statement hurts that person, a libel case would not survive a motion to dismiss if the statement is true,” Lichy told .
“We want victims to come forward and feel protected while doing so. Victims should not feel silenced [the] Truth is still an absolute defense.’
Taylor also argued that Depp’s legal team offered a misleading characterization of Heard, painting her as emotionally unstable, malicious and out for revenge.
“I hear from women in the UK and Canada. All the lawyers use the same tactics – they position them as hysterical, gold diggers, vicious, vengeful, emotionally unstable, people with personality disorders,” Taylor told Rolling Stone.
“It offers a model for discrediting women.”
The psychologist went on to tell the outlet that the public exposure of the entire process, which was consumed as entertainment by thousands despite the seriousness of the allegations made by both parties, could potentially deter abuse victims from coming forward with their stories.
In a statement after the verdict, Heard expressed disappointment at a number of consequences of the jury’s verdict.
“The disappointment I feel today is indescribable. I am heartbroken that the mountain of evidence was still insufficient to withstand my ex-husband’s disproportionate power, influence and influence,” Heard said.
“I’m even more disappointed at what this ruling means for other women. It’s a setback. It turns the clock back to a time when a woman who spoke up and spoke up could be publicly shamed and humiliated. It throws back the notion that violence against women should be taken seriously.
Following Wednesday’s ruling, the MeToo movement released a series of tweets distancing themselves from previous support for Heard
Following Wednesday’s verdict, the official #MeToo website released a statement defending the movement and seemingly distancing the matter from the trial.
“What we witnessed in the Depp-Heard trial was a public retelling of violence in the partnership between two privileged white celebrities. And the reports are just as staggering as the public humiliation and harassment foiled against Heard. It is a case study of how social and political movements are abused and armed against the very people they are meant to serve.”
“Bigger than this trial and the final decision of the jury is a movement made up of millions of survivors fighting for their dignity and their right to justice, and a country still reckoning with why it is so in pain and the agony of violence is invested instead of fixing it.’
During the trial, Heard expressed frustration at the harassment she allegedly received.
“I am harassed, humiliated and threatened every day,” she said in court on May 26.
“Even if I just walk into this courtroom, sit here before the world and the worst parts of my life are used to humble me. People want to kill me and tell me every day.
“People want to put my baby in the microwave and tell me that. Johnny threatened and promised me that if I ever left him, he would make me think of him every day that I lived.
Heard has a year-old daughter, Oonagh Paige Heard, whom she welcomed as a surrogate.
Heard nudged Depp, who was seen laughing, grinning and joking throughout the trial, and said: “I’m not sitting in this courtroom giggling. I’m not sitting in this courtroom laughing and making derogatory jokes. It’s terrible, it’s painful and it’s humiliating for any human being to go through this. Maybe it’s easy to forget, I’m a human being.’
“I do not deserve this. The attacks on me, the campaign that Johnny has caused millions of people to do on his behalf, is tormenting me,” she added.