New York Judge Dismisses Kesha's Lawsuit Against Dr. Luke, Sony

Trigger warning: This article discusses rape and sexual abuse.

The #FreeKesha campaign faced a major setback today after a New York judge ruled against the artist in her motion to prematurely end her contract with Sony.

It’s complicated, so stay with us.

According to The Guardian, Kesha sued Dr. Luke and his companies in 2014, alleging sexual assault, sexual harassment and gender violence in California, specifically citing two incidents in which she was allegedly drugged and raped.

Soon after, producer Dr. Luke (aka Lukasz Gottwald) countersued the singer and her family for breach of contract and defamation in New York.

The California court decided to postpone its ruling on Kesha’s claims until Gottwald’s New York case was ruled upon.

Kesha, in response, countersued Gottwald and his recording company, as well as Sony, for whom they both work, in New York. For this suit, she cited “gender-motivated hate crimes” and “gender-based employment discrimination”, specifically based on Gottwald’s conduct in California.

What Kesha has been seeking is an end to her contract with Sony, whom she believes would force her to work for their reliable hit-maker – and her alleged abuser - Dr. Luke.

Sony, on the other hand, claims they’ve offered her plenty of opportunity to work for them without Dr. Luke’s involvement.

Which brings us to today’s New York ruling on Kesha’s countersuit.

New York Supreme Court Justice Shirley Kornreich held that the statute of limitations had expired on a number of Kesha’s claims against her alleged abuser, Dr. Luke, and that many of them did not meet the legal standards for “hate crimes”.

For the allegations to be considered hate crimes, there needs to be physical violence or property damage (as opposed to abusive remarks and threats, of which Kesha has accused Gottwald).

"[I]nsults about her value as an artist, her looks and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilised society,” Justice Kornreich wrote in her ruling.

“There are no facts to support Gottwald’s animus toward women. Gottwald is alleged to have made offensive remarks about Kesha’s weight, appearance, and talent, not about women in general,” she continued.

“Every rape is not a gender-motivated hate crime.”

Kesha’s claim that Dr. Luke assaulted her on a plane and raped her in a hotel before 2008 was thrown out for another reason: the local statute of limitations runs just five years.

Justice Kornreich also held that Sony’s offer to keep Kesha insulated from Dr. Luke was sufficient.

You can read the whole ruling here (though the judge mistakenly claims that Dr. Luke filed the first suit).

Kesha’s only hope is her initial California lawsuit, which may now be unpaused. However, the outlook is not bright, given New York's ruling.

Earlier this week, Kesha suggested she was offered “freedom” from Sony if she publicly said she had never been raped.

“I will not take back the truth. I would rather let the truth ruin my career than lie for a monster ever again,” she wrote on Instagram.

Dr. Luke has denied all allegations.

Are you experiencing sexual assault or domestic and family violence? Seeking to support someone who is? Call 1800 RESPECT on 1800 737 732.

Photo: Instagram.