Last Wednesday, New York State Supreme Court Justice Kornreich dismissed Kesha Rose Sebert’s claims of Dr. Luke’s sexual assault due to a varying degree of unfortunate complications. It seems that for Dr. Luke the saying “good things happen to bad people” is true.
Whether or not you like Kesha’s party anthems, her story is a tough one to swallow. Essentially, through a very extensive allegation, Kesha claimed her long-time music producer Dr. Luke physically, sexually and emotionally assaulted her on numerous occasions.
We, the Editorial Board, believe the situation is less about problems with the legal system and more about the cycle of victimhood that is created for those who seek justice.
Kesha first sued Dr. Luke in a California court in 2014. According to Kesha’s Complaint for Damages, which was filed in the California Supreme Court and made public by the Hollywood Reporter, “Dr. Luke continuously forced himself on Ms. Sebert while she was intoxicated and drugged,” and when “Dr. Luke instructed Ms. Sebert to take what he described as ‘sober pills’ ... Ms. Sebert took the pills and woke up the following afternoon, naked in Dr. Luke’s bed, sore and sick with no memory of how she got there.”
Although she filed the lawsuit in 2014, these incidents took place well beforehand, which is why Justice Kornreich cited the 3-5 year limit in the New York Statute of Limitations as the main reason for throwing out the case.
As a tactic to maneuver around these laws, Kesha’s side highlighted the statute of limitations on gender-motivated crimes was seven years, but clearly the idea that rape is a gendered hate crime is a flawed notion.
As Manhattan Supreme Court Justice Shirley Werner Kornreich wrote in the case’s decision, “Every rape is not a gender-motivated hate crime.” While women are more often the victim, sexual assault is a crime motivated by sex and power, not necessarily gender.
This editorial is a critique on the treatment of sexual assault as a societal issue. Sexual assault isn’t reported properly because victims see cases like this and give up all hope creating a cyclical system of abuse for victims.
Her six-album recording contract with Sony Music is still up in the air. Rueters reported the social media campaign #FreeKesha garnered over 400,000 supporters who petitioned against Sony and asked that Kesha be freed from her contract.
Fans and celebrities alike have stood in support with Kesha, and Taylor Swift generously donated $250,000 to support Kesha in this difficult time.
Many are outraged by the fact men run this industry at the expense of women.
Although Sony offered Kesha could record an album under her contract sans Dr. Luke’s involvement, she wrote on Instagram that their “compromise” was parallel to slavery.
It is a commercial world that is driven by both money and whims of the men in power.
Contracts aside, Kesha is being dehumanized and treated as a profitable object.
As the long legal battle continues, it’s a shame Sony doesn’t realize that in light of recent events, upholding Kesha’s contract is less than profitable in terms of its overall brand image.
