Opinion Johnny Depp’s win could be a loss for women speaking out against abuse
that preceded Johnny Depp’s triumph this week, when a Virginia jury awarded the actor $US15m in his made-for-TV defamation claim against his ex-wife and fellow actor Amber Heard, who was awarded $US2 million in her counter-claim.
Both cases shone a spotlight on the truly ugly side of defamation litigation, particularly in the #metoo sphere. The reality is that half the battle is public, which has serious consequences for anyone thinking of speaking out.For Heard, this week’s ruling may not have been the nadir of her experience. Jokes were made about her “bruise kit”, she was mocked for the way she cried and her mental health challenges were dissected before the world.
In a legal sense, an accuser’s own conduct can be relevant to questions such as consent and credibility. However, it’s important to note that Whelan Browne had accused McLachlan of touching her inappropriately, not of offensive or sexualised language. The challenge always is to ensure that genuine testing of a complainants’ evidence does not veer into gratuitous humiliation or slut-shaming.
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