Depp-Heard discourse worries B.C. advocates for domestic violence survivors
Like many people, Angela Marie MacDougall spent the last several weeks observing the rare public spectacle that was the defamation trial between Johnny Depp and Amber Heard.
As executive director of Battered Women's Support Services in Vancouver, she knew the outcome and the discourse surrounding the case would have an impact on her work.
"How could it not?" said MacDougall, who watched the trial unfold for hours on mornings, evenings and weekends.
Because of the judge's decision to allow the proceedings to be televised, the salacious details and shocking accusations coming from both sides became social media fodder in real time. Many fans of Depp's, who vastly outnumbered Heard’s prior to the trial, were gleeful in their skewering of his accuser, long before the non-sequestered jury found both parties liable for defamation.
MacDougall said the tone of some of the online discussions has not been lost on survivors of domestic abuse.
"What they're seeing is an increased level of misogyny online," she said. "There's a concern that perhaps they – survivors – will not be believed."
"It was already a concern," MacDougall added. "It was already a challenge."
While the #MeToo movement helped increase cultural awareness around abuse and harassment, MacDougall said the dial hasn't moved as far as some fringe groups believe – and the commentary around the Depp-Heard case, which has seen many people trotting out old myths and stereotypes about how survivors are supposed to behave, has left some advocates worried that a long-brewing pushback is underway.
"It does seem like we're seeing a backlash to the #MeToo movement, which was all about carving out space for survivors for healing and empowerment and community, through sharing their stories and advocating for change," said Kate Feeney, a lawyer with West Coast LEAF, a non-profit working to advance gender equality through the courts.
"There's no doubt this discourse is going to be really frustrating, and demoralizing, and ultimately silencing for survivors."
MIXED REACTIONS TO THE TRIAL
Many of the people supported by Battered Women's Support Services are too focused on their own lives to have taken much notice of the trial, MacDougall said – "They're trying to survive, they're trying to feed their children" – and some who have been watching don't identify with Heard, or don't see their experiences reflected in hers.
But advocates fear what longer-term effects the ensuing wave of online commentary could have on people living in dangerous situations. That could include abusers weaponizing the widespread mockery of Heard to discourage victims from coming forward.
"Abusive partners will take this situation and use it as leverage to get more power," MacDougall said.
So far, her non-profit has not seen a decrease in calls for service; volunteers and staff still respond to anywhere from 35 to 55 requests daily through the BWSS crisis line.
The organization provides counselling and victim services, and puts survivors in touch with legal help. MacDougall noted they are currently supporting multiple women who are facing defamation lawsuits over their own abuse allegations.
THE RISK OF SPEAKING OUT
Defamation claims are handled differently in Canada and the U.S., and even between different provinces or states, but the Depp-Heard coverage familiarized many people with a concept that exists on both sides of the border – of SLAPP suits, or strategic lawsuits against public participation.
The lawsuits are said to be filed with the intention of pressuring critics or accusers into silence, by embroiling them in costly legal proceedings.
Some jurisdictions, including B.C. and Ontario, have introduced anti-SLAPP legislation designed to protect defendants who speak out on matters of public interest – though West Coast LEAF could not identify any cases in which Canadian anti-SLAPP laws shielded an alleged survivor of sexual or domestic violence from a lawsuit.
"So far, the potential for the legislation to offer more robust protections for survivors has not been realized," Feeney said.
Advocates note the fear of being forced into a courtroom for speaking out, either online or to friends and family, can have a chilling effect on survivors, regardless of whether the lawsuit is likely to succeed.
"They drag a survivor into a court proceeding that they have not voluntarily engaged with, and subject a survivor to a legal system which has a long history of discrediting and re-traumatizing them," Feeney said.
"The legal system is still very much oriented toward protecting people's reputations, and it continues to struggle to meet the specific needs of survivors of gender-based violence, who oftentimes have to prove violence that takes place behind closed doors."
Back in 2019, both Battered Women's Support Services and West Coast LEAF were part of a coalition of intervenors in two Supreme Court of Canada cases testing anti-SLAPP legislation in Ontario.
Though neither of the cases involved allegations of domestic or sexual violence, the organizations asked the court to consider the applications for survivors.
The Supreme Court declined, leaving the question open – for now.
"There has to be a place and a space where survivors should be able to make their experience visible," MacDougall said. "That does matter. It does matter. It is in the public interest that domestic violence isn't kept in the dark."
While the discourse surrounding the Depp-Heard trial has been disheartening for some, MacDougall stressed that there remains a dedicated community of people and organizations ready to support those who are ready to escape a difficult situation.
"We want survivors to know that we're here for them 24-7," she said.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
Disappointment widespread over budget's proposed $200-month disability benefit funding
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
ArriveCan contractor to be admonished by MPs in extraordinarily rare parliamentary display
Enacting an extraordinarily rarely used parliamentary power, MPs have summoned an ArriveCan contractor to appear before the House of Commons on Wednesday afternoon to be admonished publicly for failing to answer their questions.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Gas prices across Ontario expected to climb to levels not seen since 2022, analyst says
Ontario is going to see a big jump at the pumps later this week as gas prices in the province hit levels not seen in nearly two years, according to one industry analyst.
Ancient skeletons unearthed in France reveal Mafia-style killings
More than 5,500 years ago, two women were tied up and probably buried alive in a ritual sacrifice, using a form of torture associated today with the Italian Mafia, according to an analysis of skeletons discovered at an archeological site in southwest France.
Paul McCartney and John Lennon’s sons have released a single together
A new Lennon and McCartney collaboration is the last thing anybody expected.