Will Amber Heard Go To Jail If She Loses Against Johnny Depp? Experts Weigh In
Amber Heard is in the middle of a messy defamation law suit from Johnny Depp. She has accused him of domestic violence, and if she loses the case, many people are wondering if she could go to jail. What will happen to her if she does end up behind bars?
We contacted a few experts to get their opinions.
Will Amber Heard Go to Jail?
Dean Tong, a forensic trial expert noted " From what I've heard/seen (testimony/exhibits), it doesn't appear Ms. Heard's claims of purported abuse by Johnny Depp against her are meritorious. Inter alia, she said he hit her back in 2013/2014 with his multitude of rings on his fingers and there was no medical evidence or photographs consistent with her testimony."
Mr Tong said that it's possible Heard suffers from persecutory delusions (folie a deux) as a psychologist diagnosed her with Borderline Personality Disorder/Histrionic Personality Disorder.
Nevertheless, the forensic expert doubts that the actress will be sent behind bars. "No, I do not think Amber Heard will go to jail even if the Jury finds by a preponderance of the evidence she concocted abuse claims against Johnny Depp."
"As an Expert who has worked alleged abuse cases from all 50 States (including Virginia - I've been to the Courthouse in Fairfax, VA multiple times in cases of mine) the Police will tell you arresting and prosecuting a false accuser sends a chilling effect to other future women and children who might disclose abuse," he added.
David Reischer, NY Attorney & CEO of LegalAdvice.com explained the state of Virginia where the Johnny Depp vs. Amber Heard case is being held does not have any criminal defamation laws. Defamation lawsuits in Virginia are a civil litigation matter. This means that even if Depp could prove that Heard lied and cost him jobs, money and opportunities he would only be able to sue her for damages in a Virginia court and not file criminal charges.
"While truthful statements by an individual are protected by the First Amendment right to Freedom of Speech, untruthful statements are not protected and a person that posts false statements that are harmful to another person's reputation can indeed be held liable for defamation," said Reischer.
The expert said that based on the testimony to date it is quite possible that Depp will prevail on his claims against Heard since "it appears from much of the testimony made public that the truthfulness of Heard's allegation is dubious."
Mr Tong concurred adding that the Court might dismiss Heard's counter-suit against him.
He also believes that Depp may be awarded Attorney's Fees if the Court finds Heard's claims against Depp were vexatiously-made and that said defamation incurred by Depp cost him millions of dollars in lost acting jobs.
Mr Reischer also commented: "If Depp prevails it will be interesting to learn the size of any monetary judgment he might receive from the court and whether the court would only allow for minimal damages based on the insubstantial actual damages that Depp suffered."
Carole Lieberman, a forensic psychiatrist who boldly stated that she hopes to see Heard going to jail, listed down several possible charges that may be filed against Heard as follows:
Perjury - She has been lying too many times to count and these lies are being disproven on cross-examination.
False promises of donations to the ACLU and Los Angeles Children's Hospital - with no real intention to pay.
Recording Johnny via audio and video without his consent.
Assault or attempted assault of Johnny Depp.
False promises to Johnny - including breaking the divorce contract where neither were allowed to criticize or make false claims about the other.
Falsifying evidence - in regard to the photos of bruises she attributes to Johnny's abuse - and presenting this evidence to a court to obtain a TRO.
Falsifying a police report.
"And if one can be put in jail for being a malignant narcissist - then this, too," said Lieberman.
Amber Heard vs Johnny Depp Defamation Trial: Key Lessons Learned
According to forensic trial expert Mr. Tong, the trial has put abuse allegations and the Violence Against Women Act (VAWA) - Title 18 USC 2265 - under the spotlight.
In addition, Mr. Tong added it has cast aspersions on a high-profile and female public figure's abuse allegations and overall credibility which doesn't bode well for her future, or the future of the #MeToo movement, in general.
"I think Amber Heard's legal team thought they could just allege abuse perpetrated against their client by an X of hers and famous actor in an easily litigated He Said - She Said case, and the Jury would quickly see the forest through the trees. The evidence in this trial that I have seen and heard dictates otherwise," said Mr. Tong
"I think, too, that Johnny Depp has articulated clearly that men are victims of abuse, too, and that too often men's claims of abuse against them fall on deaf ears. "
