Court fails another sexual assault victim
Kesha required to work under alleged rapist
Rape affects millions of people in the United States alone and still predators face little to no consequences. As Kesha Sebert’s (Kesha) court case plasters every news source and Facebook feed, it brings attention to an issue that is too often overlooked — rarely is justice served in cases of sexual assault.
In October 2014, Kesha filed a lawsuit against her producer, Lukasz Gottwald, professionally known as Dr. Luke, for allegedly sexually assaulting her and pushing her to an eating disorder.
Dr. Luke denied accusations that he drugged and sexually assaulted her. He claimed Kesha falsified the reports in an attempt to get out of her contract, which requires her to produce six more records under Sony’s label. Kesha then stated under oath that her allegations were fabricated, only to take it back and say that her fear of Dr. Luke led her to lie.
Dr. Luke and Sony both said Kesha can still work in her contract without ever having to see Dr. Luke, but Kesha denied this offer.
Why? Let’s break this down. Let’s say Dr. Luke is a landlord. A tenant lived in his building for 10 years and he allegedly drugged, abused and sexually assaulted her. Let’s say he made comments about her weight and led her to enter rehab for a serious eating disorder, but her lease is not up and she cannot move. She is required to live six more years in this building, and she never has to see Dr. Luke again. But he owns the building she is living in; he controls the electricity, heat and rent. Would she feel safe? Would she feel comfortable?
In Kesha’s case, the electricity and heat are the promotion and work to help produce her albums. The rent is money. Her career sits in the hands of someone who almost ruined her life with his alleged catastrophic actions. Dr. Luke and Sony own her work and control what is put into her next six records.
For the last year-and-a-half, Kesha continually tried to get out of her contract with him, but was unsuccessful each time. In February 2015, Kesha requested that she be allowed to begin recording with a different label.
The hashtag #FreeKesha rose after the Feb. 19 court ruling on the side of Dr. Luke and Sony Records where New York Supreme Court Justice Shirley Kornreich denied Kesha’s request for a preliminary injunction in the case. This is a messy case and when Kesha said she fabricated the allegations under oath, it damaged her credibility. However, Kesha’s case is far from over.
Many celebrities took to social media in support of Kesha, but one tweet in particular sticks out. Kelly Clarkson, who recorded “Since U Been Gone” with Dr. Luke, tweeted “Trying 2 not say anything since I can’t say anything nice about a person… so this is me not talking about Dr. Luke.” Clarkson has worked with Dr. Luke before and clearly is not a fan.
Claims say Kesha invented her story to get out of her contract, and allowing her to do so may set a precedent for future cases. Regardless of whether or not someone likes Kesha’s music, that shouldn’t mean what Dr. Luke allegedly did to her is acceptable.
This isn’t a conviction case — yes, her allegations are central to her case, but no one is trying Dr. Luke for rape. And even if Kesha was, convicting someone under the claims of sexual assault or rape is extremely difficult. In fact, 98 percent of rapists will never spend a day in jail or prison, according to the Rape, Abuse and Incest National Network.
It is because of stigma surrounding sexual assault and low prosecution rates that so many sexual assaults go unreported. An average of only 39 percent of cases are reported to the police each year, according to the Rape Crisis Center. With so many victims of sexual assault feeling afraid and ashamed, it is not often a victim speaks up and tries to convict their assaulter.
While rape kits can contribute to evidence in cases of first-degree sexual assault, they must be collected within a few days of the incident. Minnesota allows victims between three and nine years to report a rape depending on the case.
Kesha’s case brings light to the fact that many assaulters go unpunished. No one is looking for an innocent man to go to jail, but everyone should fight for answers and progress.
Women must speak up for their rights and stand together. The days of men controlling women are over and it is necessary as women to demand justice until we are completely safe from sexual violence. #FreeKesha means fight for honest answers and fight for justice. #FreeKesha and #FreeWomen.