Johnny Depp vs. Amber Heard: what does the actor seek to prove in his defamation case against his ex-wife?

The trial, which is being held in the state of Virginia and whose testimony phase could end on May 27, is a civil process, not a criminal one, and the plaintiff is responsible for support your claims with evidence.

“He filed the action and in the US legal system, the person filing the action has the burden of proof. He has to prove the case, she is defending herself,” the Smith College professor explains to BBC Mundo , Carrie N. Baker, who is an expert in domestic abuse.

The professor adds that defamation cases can be complex, due to the protections that the North American country extends to the right to freedom of expression and the press.

Suing for defamation is a resource that a citizen uses to clean his reputation and protect his dignity after someone made false statements about his person.

“There is always a concept that a legal norm seeks to protect. Here, the right to honor is sought to be protected,” says attorney Frank Torres-Viada, who has a legal practice in the US territory of Puerto Rico.

So what does Depp have to prove to win the lawsuit he filed?

The case between Johnny Depp and Amber Heard goes before a jury in Virginia. Other US states do not grant this right in civil cases and the trial is only evaluated by a judge.

Tom Roberts, a lawyer who deals with civil cases in this town, said in an interview with BBC Mundo that the plaintiff must prove to the jury that, in effect, The defendant made some remarks and they were about his person.

Also, they were heard or read by third parties.

Depp’s lawyers state in the lawsuit document that their client was implicated by Heard’s expressions because, in May 2016, she accused him of domestic violence and requested a restraining order against him.

That same month, she filed for divorce from Depp and the two reached an agreement to separate. These events were reviewed by national and international media.

But in the 2018 column, the actress states, “Then two years ago I became a public figure representing domestic abuse and felt the full force of our culture’s anger at women speaking up.”

Depp’s lawsuit claims that the column’s “central premise is that Heard was a victim of domestic violence and that Depp perpetrated those abuses against her.”

Attorney Roberts indicates that Heard has never denied in court that the column referred to her ex-husband.

Roberts adds that Depp must prove that Heard’s claims they are false.

During the trial, the lawyers have asked the actress to detail the moments in which she was allegedly abused by Depp.

Heard has indicated that, since she began her relationship in 2012 with the protagonist of “Pirates of the Caribbean”, she was the victim of physical, emotional and sexual abuse.

Among other things, he has said that Depp threw a phone at him in the middle of an argument in 2016.

She also recounted how the actor allegedly abused her with a bottle in 2015 when they were both in Australia and mentioned that Depp kicked her in the middle of a flight.

The actor has denied these accusations and says that she was the violent person during the relationship.

“He has to prove with evidence that the incidents she recounts, in which say what was subjected to domestic violence, they were not trueRoberts comments.

In 2018, a UK court ruled in Heard’s favor in a defamation lawsuit brought by Depp. In the lawsuit, a judge decided that 12 instances of abuse carried out by him against the actress could be proven.

The lawyer adds that in the US, in defamation cases involving a public figure, it is required to prove that the false expressions were made with “malice”.

“Did the defendant make the statement knowing that it was false? Did he do so in such a reckless manner as to amount to a willful disregard for the truth? That is, with a high degree of awareness that the statement was probably false?” Roberts.

According to Torres-Viada, the malice standard is imposed because famous people have “greater access” to the media to refute accusations against them.

“It means that not merely negligence in publication or expression must be proved, but that there has to be a degree of intentionTorres-Viada says.

This legal standard was established by the US Supreme Court in the case New York Times vs, Sullivan of 1964, with the intention of protecting freedom of expression in the country.

Professor Carrie N. Baker is of the opinion that Depp “hardly will win the case“.

“We have strong protections for free speech. [recogidas en] the first amendment to the Constitution that allow Amber Heard to speak publicly about figures like Johnny Depp,” says Baker.

The actor’s lawyers claim that the expressions made in 2016 by Heard were malicious. Also that the 2018 column was intended to promote his role in Aquamana film that premiered in the US three days after publication.

Once it reaches its verdict, Roberts says, the jury will also determine the compensation that the plaintiff will receive, if he wins the case.

Depp tries to prove that Heard’s expressions caused him economic damage and for this reason he asks that they be granted $50 million.

“Depp’s reputation and career was devastated after Heard’s first accusations in 2016,” the actor’s claim states.

The lawsuit goes on to say the actor lost movie roles after Heard published the opinion column in 2018, including his return to the Disney-produced “Pirates of the Caribbean” franchise, which has generated “billions of dollars.”

During the hearings, an agent for Depp said the actor lost $22.5 million after Disney’s decision to cut him.

Heard, however, has countersued Depp forUS$100 million.

She asks that she be granted immunity from her ex-husband’s complaint. She also accuses him of defamation and campaigning against her.

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