Analysis: Why Amber Heard lost credibility in her case against Johnny Depp

Written for Daily Hive by Rachel Thexton, president of Thexton PR.

Many of us have followed the story of Johnny Depp and Amber Heard’s legal battles.

As the MeToo movement brought sexual assault to the forefront, and hearing from a woman claiming to have been physically harmed by her partner, it was hard to stomach. I was disgusted by the claims, assuming Depp to be another Hollywood abuser, thinking he could get away with anything.

Over time, my opinion changed, and based on the jury’s verdict, along with the fierce online criticism of Amber Heard, others also had a change of heart.  

On Wednesday, the jury ruled with Johnny Depp, awarding him $15 million in damages. The case started with Depp suing Heard for $50 million due to her Washington Post op-ed where she called herself a “public figure representing domestic abuse.” 

In the end the jury found, in part, that the 2018 op-ed contained several statements that were false, and were made with actual malice.

Firing her PR team, and hiring a new one mid-trial, was not effective and done too late to save her image. Throughout the trial and with the court finding that she published false and defamatory allegations, Heard developed a reputation as someone lacking credibility. Without credibility, an individual or brand has little to build on. When you lose trust, your character is harmed.

Here are a few reasons why I feel that Amber Heard lost her credibility with the public, ultimately losing the case. 

Substance abuse disorder is a disease and Amber Heard seemed to leverage Depp’s lowest moments while intoxicated to make her case.

Seeing a man pass out in his ice cream, slur his words and walk on a slant does not show a violent or coherent human being. Instead we see someone who is ill, suffering from substance use disorder and potential mental health challenges. We see someone being taped at their lowest moments, sometimes being berated by Heard at the same time. 

Heard could have presented Depp’s drug and alcohol issues differently, while recognizing the disease with medical facts.

Even as Depp becomes irate in one video, throwing things around the kitchen, he appears to be intoxicated as Heard watches with a running dialogue that is not helpful or fearful but instead judgmental and calm. 

Being intoxicated is no excuse for violence of any kind. That said, Heard’s recordings seemed strategically planned leading one to question her fear for her safety while in his presence.

If I was advising her, I would have encouraged her to show empathy for his struggles with substance use, while also voicing regret for taping him in these moments instead of leaving the home for her own safety ,or calling someone to assist Depp while he was unwell.

There was evidence of abuse towards Depp, forcing us to question whether her claims were accurate or descriptions of a toxic and unhealthy relationship with both at fault. 

It was clear to most that the relationship between Heard and Depp was incredibly unhealthy and unsafe. Instead of seeing one violent person filled with malice, we often saw angry words between the two and unacceptable treatment towards each other. 

If Heard had taken accountability for her role in the relationship, she may have improved her image. Blaming the entire ordeal on Depp and accepting no accountability for her part did not help her reputation. Telling your truth while still accepting accountability for verbal abuse and other wrongs indicates that a person is more likely telling the entire story.

Heard was calling Depp “washed up” and a “joke” in recorded arguments, showing verbal abuse, as well as potentially trying to lead him to poor behaviour for planned recordings. 

Depp’s family, and even his long-time ex-wife, supported him

In 2020, when Johnny Depp filed a case against a UK publisher, his long-time ex wife Vanessa Paradis was asked for a written testimony. It read, in part:  

“I have known Johnny for 25 years. We have been partners for 14 years and we raised our two children together. Through all these years I’ve known Johnny to be a kind, attentive, generous and non-violent person and father.”

Just because Depp did not abuse his ex-wife does not mean that he did not hurt Amber Heard, but it is an indication of character and behaviour that cannot be ignored. This was a positive PR piece for Depp.

Heard’s gathering of evidence seemed strategic and leading in nature, hurting the credibility of those suffering authentic domestic abuse

“I’m sorry I hurt you. I can get wicked when I’m hurt.” , Heard wrote in one letter.

It’s unfortunate that Heard developed an image of a woman exaggerating while many suffer serious abuse and are not believed. 

During the trial, Heard told jurors that she thought Depp was going to kill her, saying that Depp kicked her so many times that she lost count. This kind of extreme abuse would have likely resulted in serious injury, none of which was documented or treated. Again, exaggeration and credibility harmed her image, forcing the public to take a closer look at the relationship dynamics.

I believe that this bothered females watching the case unfold. Heard’s loss of credibility was not only harmful to her reputation but also to other women who are questioning whether to share their abusive relationship with police or bring charges towards their abuser. 

Some claim that Depp’s fame was part of the reason that he won this case but I believe that the public no longer accepts celebrities hurting women. Many genuinely doubted Heard’s claims and disliked her methods of gathering evidence around his inappropriate behaviour. 

I would have advised Heard to show regret for the filming tactics she shared and for the words she used during those tapings, explaining that while in the middle of an extreme encounters, she made the wrong choices. 

Overall, credibility and accountability are key to positive image and a reputation is based on trust. Heard lacked this and no amount of tears on the stand would fix that image.