Ignore the media circus around Johnny Depp – victims of domestic abuse must feel safe to come forward

Well, the verdict is in on the Johnny Depp trial. The trial for me was less about the individuals involved; I am uninterested in the “glamour” of a Hollywood trial about something so painful and difficult for all involved. As always, it is for the courts to decide on the outcome of any specific case. In this one, the Judge was clear: “I have found that the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard.” I should state that Mr Depp has not been convicted in a criminal court.  

More important, though, was what was happening outside of this courtroom. I didn’t want the media circus and publicity to put victims off coming forward, or for victims to get the message that they would face legal action if they did. I didn’t want old myths and stereotypes about who can and can’t be a victim to be played out in column inches. Once again, we in the public were invited to seek the “perfect victim”, as if such a thing exists in real life. It doesn’t.  

What also struck me was the potential risk of people seeing our legal system being used as a tool to silence victims of abuse – how the law can be used by those with most resource to continue to control a situation that involves abuse or harassment.    

During the #MeToo movement, the power seemed to shift; the era of silence and secrecy was smashed. It felt for a short while as if sexual abuse of those with less power, usually women, might finally be seen as the pernicious abuse that it is. #MeToo exposed how secrets and lies had controlled people in pretty much every industry. As with any power shift, however, the old power fought back, and there now seems to be a worrying trend of those with enough cash seeking to use our justice system to silence victims who speak out about their experiences.  

Ministry of Justice figures show that there is a growing number of victims of domestic abuse facing proceedings in the family courts in this country without any legal representation at all due to cuts to legal aid. I am afraid I hear from these victims every week.

The use of non-disclosure agreements (NDAs) by the wealthy to silence victims is nothing new, of course. I have seen NDAs where women were told they could not inform police, seek counselling or speak to health professionals about the sexual harassment and violence they had suffered. But these attempts to silence seem to have stepped up a gear.  

Recently I have heard from survivors of sexual violence who were facing civil litigation after speaking out online and detailing the abuse they experienced. Survivors are facing civil litigation for reasons such as misuse of private information, harassment and libel. They are receiving threats of litigation or being asked to “cease and desist”.

There is, of course, a balance to be struck; laws such as these exist to protect reputations, as they should. But it is utterly chilling that victims are being stopped from speaking about their own experiences of abuse. And the people who hold the cards in these situations seem to be those with most resource. It cannot be right that money buys immunity for unlawful and sometimes criminal practice in the workplace. And it cannot be right that victims are too terrified to speak of their experiences.  

The messages we send out to victims matters. As we enter a second lockdown, once again my thoughts go immediately to those who are living under a reign of terror in their homes. During the early days of the first lockdown, the government seemed to fail to even remember that victims of domestic abuse existed. It was not until weeks after the strongest “Stay at Home” message was pumped out across the airwaves that they started to give a more nuanced message for those who were not safe at home. There was a huge delay – then Labour secured £76m of emergency funding from the government, which was aimed at specialist domestic and sexual violence services to cope with what was a huge and unsurprising surge in demand.  

This lockdown, the government must ensure our institutions and providers – the police; the courts; frontline domestic abuse services; and refuges – have the right support to deliver on promises of protection and justice for victims. We cannot repeat the mistakes of the spring; too many lives depend on it.  

Victims of domestic abuse are fed messaging every day by their abusers. “No one will believe you”; “They will take the kids if you come forward”; “I will tell people you are mad and drink too much if you speak up”; “You will be deported if you tell”. These lines are used to control and trap victims. That is why the words from our leaders, our media and our justice system are so important. We must send a clear counter message that says to all victims: if you come forward we will protect you, believe you and support you.  

I hope that the message goes out loud and clear: it doesn’t matter who you are, our systems and institutions will not be allowed to be used as a weapon to silence victims. Silence solves nothing.