MEAWW.COM / NEWS / CELEBRITY NEWS

NOT A SPARROW'S CHANCE IN HELL! Johnny Depp has uphill battle against Amber Heard, say experts

While Depp may have 'demonstrated' that Heard was the dominant aggressor in the relationship, what he really needs to prove is that she made a false statement about him in the WaPo piece

The ongoing defamation trial between Johnny Depp and Amber Heard has reached its halfway mark. The 58-year-old actor sued the 36-year-old actress over a Washington Post op-ed she wrote in December 2018 titled, "I spoke up against sexual violence — and faced our culture's wrath. That has to change."

Even though Depp isn't mentioned by name in the piece, the actor's lawsuit says, "The op-ed depended on the central premise that Ms. Heard was a domestic abuse victim and that Mr. Depp perpetrated domestic violence against her." The actor accused his former wife of ruining his reputation and career. On May 3, forensic accountant Michael Spindler testified in court that Depp lost $40 million after the release of Heard's op-ed.

READ MORE

Elated Johnny Depp hugs his lawyer after judge DENIES Amber Heard's attempt to throw out case

Johnny Depp's estate manager claims Amber Heard CLAWED at actor and called him 'washed-up'

Since April 11, multiple witnesses have come to testify, including Depp himself. Heard is expected to testify later this week at the Fairfax County Courthouse in Virginia. While three weeks of proceedings have passed, another three weeks remain to take place. Depp has asked for compensatory damages of "not less than" $50m, punitive damages "to the maximum extent permitted" by the law, and "no less than $350,000."

What does Johnny Depp need to prove to win his case?

This defamation case between Depp and Heard is a civil case. "In such a case, the plaintiff must show their claims are true as reflected by a preponderance of the evidence. This is a lower standard than that in a criminal case, which requires the government to prove a defendant's guilt beyond a reasonable doubt. Neither Depp nor Heard is facing criminal charges in this case, nor are they facing any sort of criminal sentence such as imprisonment," reports Independent.

How does a civil case work?

Civil Law Self-Help Center states that a civil case usually begins when one person or business, called the plaintiff, claims to have been harmed by the actions of another person or business, called the defendant. The plaintiff starts a court case by filing a complaint, which is a document that outlines the plaintiff's facts and legal theories and makes a request for relief.

The website further says that in the complaint, the plaintiff might ask the court for damages, meaning money to pay the plaintiff for any harm suffered, ask for an injunction, which is a court order to prevent the defendant from doing something or to require the defendant to do something, or ask for a declaratory judgment, meaning a court order stating the parties' rights under a contract or statute.

Eventually, a judge or jury will determine the facts of the case and then apply the appropriate law to those facts. Based on their analysis of the law and facts, the judge or jury will make a final judgment and decide what legal consequences flow from the parties' actions. The parties might resolve the case themselves. At any time during a case, the parties can agree to settle their disputes and reach a compromise to avoid trial and the risk of losing.

Can Johnny Depp win the case? Here's what experts say

In the US, public figures have a heavier burden of proof when it comes to winning a defamation case: they must show the defendant acted with actual malice, as per Independent. "Actual malice for defamation law purposes means that the statement was made either with knowledge that it was false or with reckless disregard as to whether or not it was false," Lili Levi, professor of law and dean's distinguished scholar at the University of Miami School of Law told Poynter.

"In terms of the trial in Virginia right now, I think Johnny Depp has an uphill battle. Defamation is very hard to prove. First and foremost, truth is an absolute defense to any defamatory statement. So regardless of the alleged defamatory statement, if a defendant can establish that it is true, the defense is going to win," Daniel Gutenplan, entertainment litigator, defamation expert, and partner at Enenstein Pham & Glass told People.

"A defamation case has to be based on facts. It can't be based on opinion. And that's where a lot of defamation plaintiffs get in trouble. When we're talking more about defamation, it really does come down to he said, she said, or he said, he said, or she said, she said, whatever it might be, but it's an opinion of two people and the defamation claims are oftentimes not reduced to writing," he added.

"And so anytime you get into a courtroom, you get into a legal battle, and it's one story against another — which, by the way, is exactly what's happening in Virginia right now. It's two people telling two very different stories, right? It's tough to prove, and let's not forget that Mr. Depp is the plaintiff and carries the burden of proof to show by a preponderance of the evidence," concluded Gutenplan.

"Johnny has demonstrated that Amber was the dominant aggressor in the relationship which included acts of physical violence against him. He described how she threw a bottle of vodka at him which severed the tip of his finger, that she snubbed out a lit cigarette on his face and punched him in the face. He showed photographs of these injuries, but the case is not about whether Amber hit Johnny," family attorney Chris Melcher told Yahoo.

"Johnny needs to prove that she made a false statement about him in the Washington Post piece. He did not do a good job pointing out specific statements in the article that he believes are false. Amber did not directly say in the article that Johnny hit her. She portrayed herself as a victim of domestic violence and claimed that she faced backlash when she spoke up about it. Amber placed herself in a false light but that may not be enough to count as defamation," he continued.

Melcher concluded, "Johnny is winning in the court of public opinion, even if he loses in the court of Virginia. He must know the chances of winning the defamation case is difficult and is probably using this case as a forum to expose what Amber did to him. This is the first opportunity he has had to put Amber on trial."

Defamation lawyer Jeff Lewis told Yahoo, "For Amber, this trial certainly isn't helping... She's not coming out looking like an angel and let's face it, women are judged harsher in Hollywood. He has to prove actual malice to win a defamation lawsuit. That's a much more difficult hurdle to climb than when suing someone who is not a public figure. Depp must prove that Heard knew her statements were false when she made them."

"This is a lose-lose situation for both but I think Johnny comes out looking better and social media comments kind of reflect that. Also, remember Hollywood has a short memory. Remember when Robert Downey Jr.'s career was in the tank after his substance abuse, bizarre behavior, and breaking into someone's home? He has fully overcome that phase of his life and Depp could do the same, especially with a win here," said Lewis.