What the Amber Heard, Johnny Depp trial didn't cover: The violence bisexual women face

The defamation trial between Johnny Depp and Amber Heard ended two weeks ago, but in its aftermath, both actors are still battling to shape public opinion – their lawyers did high-profile sit-downs, Depp joined TikTok and Heard's "Today" show interview is airing this week. While the trial sparked numerous conversations about the dynamics of abuse, the relationship between survivorship and free speech, and the power of social media, there is at least one conversation that's still largely absent: how Heard's identity as a bisexual woman may have impacted her marriage and the case.

Depp won the defamation lawsuit he filed accusing Heard of defaming him in a 2018 Washington Post op-ed in which she did not name him but referred to herself as “a public figure representing domestic abuse.” Heard partially won her countersuit over comments made by Depp's former lawyer Adam Waldman when he called her abuse allegations a hoax.

The verdict fell on the first day of Pride Month, which this year takes place amid a backdrop of anti-LGBTQ violence, anti-LGBTQ bills and fear and isolation among LGBTQ youth. LGBTQ people are nearly four times more likely than non-LGBTQ people to experience violent victimization, and bisexual women are particularly vulnerable to sexual and domestic violence.

According to a 2010 report from the Centers for Disease Control and Prevention, bisexual women had a significantly higher prevalence of rape and sexual violence by any perpetrator as well as by an intimate partner when compared to both lesbian and heterosexual women. Nearly half of bisexual women say they have been raped and 75% say they have experienced sexual violence other than rape, including sexual coercion and unwanted sexual contact. The majority of bisexual women who experienced sexual violence and intimate partner violence only had male perpetrators.

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"It's pretty astonishing when we look at the numbers," says Dr. Nicole Johnson, a professor at Lehigh University who studies violence against women and people with marginalized sexual or gender identities. "It still hasn't become a national conversation, a national concern of, 'What's going on, what do we do about this?' ... The general conversation around sexual violence and intimate partner violence is just so heteronormative."

Heard's sexuality was not an explicit part of the trial, and while experts say they were glad to see that her bisexuality wasn't used against her, they wished coverage could have done more to address the ways in which a person's sexual identity can contribute to vulnerability.

Experts say bisexual women, who face biphobia from both the straight and queer communities, are particularly vulnerable to violence, both because of discrimination that suggests their sexual orientation is invalid or unbelievable, as well as hypersexualization, which erroneously positions bisexual women as promiscuous. This can be used as an excuse for sexual perpetration, and among intimate partners can manifest as jealousy, because of the belief that both men and women are a threat to the relationship.

Bisexual women of color, bisexual women living in poverty, bisexual immigrant women and bisexual trans women face additional stigma and barriers to support. More than 40% of LGBTQ people of color identify as bisexual and about half of transgender people describe their sexual orientation as bisexual or queer, according to the Human Rights Campaign.

For bisexual women, a double exclusion

Despite being the largest share of the LGBTQ community, people who identify as bisexual say they are frequently discriminated against by heterosexual and queer communities. They're told they're confused, or that their bisexuality is a phase. In many cases, they're historically erased.

Gallup: Nearly 1 in 6 Gen Z adults identifies as bisexual

"Identities that don't conform to these rigid and clear boundaries and binaries cause people to be uncomfortable," says Catherine Shugrue dos Santos, deputy executive director for programs at the New York City Anti-Violence Project.

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Johnson says this double exclusion can lead to feelings of loneliness and cause bisexual people to doubt or question their identity. Both can contribute to mental health concerns and substance abuse, which increases vulnerability to violence.

Johnson says the biggest factor contributing to violence is the myth of bisexual women's hypersexuality, which leads people to assume bisexual women are constantly willing and creates a sense of entitlement to their bodies.

"It excuses the behavior of perpetrators, who say things like, 'She wanted it,' or 'she told me she was bi,' she says. "It's also an excuse for the people around them who validate and support that violation."

In intimate relationships, Johnson says, the perception of a bisexual partner as hypersexual can fuel jealousy.

"Jealousy can evolve into coercive control, into, 'I need to know where you are at all times. I need to check your phone. I need to question everything about you,' which is one of the biggest predictors of intimate partner violence," she says.

During the trial, Heard testified about multiple occasions when Depp was controlling or expressed jealousy over her interactions with women. Heard testified that during the Met Gala in May 2014 Depp accused her of flirting with another woman and afterward shoved her, grabbed her, threw a bottle at her and hit her in the face. Heard said throughout their relationship she had to "bargain" with Depp about taking certain roles because he was jealous of her male co-stars.

'We are reinforcing this idea that certain people are deserving of violence'

Experts say discrimination against survivors broadly and LGBTQ people specifically is embedded in systems. Johnson says court systems are not trauma-informed and neither is the broader culture. Law enforcement still lacks proper training in sexual violence and IPV, she says.

"One of the things we see at AVP all the time is the way that abusive partners use social stigma, bias, discrimination and violence in the world to reinforce their control in a relationship," Shugrue dos Santos says. "They say things like, 'No one else will have you because you're bisexual or trans,' or 'no one's going to believe you because you're bisexual.'

Shugrue dos Santos says while more data exists on situations where men cause violence toward women, there needs to be a broader understanding of how people across the spectrum of gender identity and sexual orientation are impacted by intimate partner violence. A bisexual woman who is harmed by a female partner, for example, needs to be taken seriously by the people who respond if she chooses to report.

'How are you justifying violence against other people?'

Johnson says the entire structure of how society responds to violence must be rethought.

"Our culture is still embedded in violence and it feels like it keeps perpetuating itself," she said. "Even if there are cases where survivors do get some kind of result that they want, then a perpetrator is thrown into a carceral system that then victimizes that person, and oftentimes perpetrators are victims themselves."

Shugrue dos Santos says research shows criminal responses to intimate partner violence have not lessened rates. It's why she says addressing violence means creating communities that recognize the dynamics of power and control and refuse to tolerate abuse.

Johnson says everyone needs to examine how they may contribute to a culture that permits and excuses certain forms of violence against certain people. During her interview with Savannah Guthrie on "Today," Heard said, "I'm not a good victim. I'm not a likable victim. I'm not a perfect victim. I get it. But I asked the jury to see me."

"We're contributing to a culture where people are allowed to hit certain women or are allowed to get away with things because we are reinforcing this idea that certain people are deserving of violence or certain people are liars or not the perfect victim," Johnson says. "Even if, for example, you don't believe Amber Heard, how by you saying hateful things about her or seeing other people saying hateful things about her are you justifying violence against other people? I think asking that question would make a world of difference."

You may also be interested in:

• Amber Heard, Johnny Depp and who we choose to believe

• Amber Heard says she's a victim, but the public made her a villain. 

• Why we didn't see Amber Heard coming

If you are a victim of domestic violence, The National Domestic Violence Hotline allows you to speak confidentially with trained advocates online or by the phone, which they recommend for those who think their online activity is being monitored by their abuser (800-799-7233). They can help survivors develop a plan to achieve safety for themselves and their children.

Safe Horizon's hotline offers crisis counseling, safety planning, and assistance finding shelters 1(800) 621-HOPE (4673). It also has a chat feature where you can reach out for help from a computer or phone confidentially. 

Survivors can also call the New York City Anti-Violence Project's 24/7 English/Spanish hotline at 212-714-1141 and get support. If calling is not safe but email is possible, make a report at avp.org/get-help and leave safe contact information, and someone will reach out.

This article originally appeared on USA TODAY: Amber Heard, Johnny Depp, and the violence bisexual women face