Forums - Music Discussion - Ke$ha loses bid to void Sony contract over alleged rape

http://www.theguardian.com/music/2016/feb/19/kesha-dr-luke-denied-legal-request-record-label-rape

  • The singer Kesha’s request to be released from recording contract with Dr Luke, who she claims physically and sexually assaulted her, was denied by a New York judge on Friday.

    Kesha filed a lawsuit against Luke, whose real name is Lukasz Sebastian Gottwald, in 2014, claiming that the physical and sexual abuse began soon after she signed with him in 2005, when she was 18.

    In the lawsuit, Kesha alleged that Luke plied the singer with drugs and alcohol before making sexual advances toward her. Kesha claimed that on one occasion, Gottwald gave her “sober pills” during a drinking session, and that she later woke up naked in his bed, unable to recall how she got there. 

    Gottwald quickly countersued, claiming Kesha’s allegations were part of a “campaign of publishing outrageous and untrue statements”.

    Judge Shirley Kornreich denied Kesha’s motion for preliminary injunction, claiming that “there has been no showing of irreparable harm”, BuzzFeedreported.

    The denied motion means Kesha will remain under contract with Gottwald’s Kemosabe Records, which is owned by Sony. Citing lack of medical evidence such as hospital records to corroborate the assault allegations, Kornreich said: “I don’t understand why I have to take an extraordinary measure of granting an injunction,” according to the Hollywood Reporter.

    Kesha reportedly sobbed as the verdict was announced, and was comforted by her mother who accompanied her to the trial. Dozens of Kesha fans gathered outside the New York City courthouse in support of the #FreeKesha movement and outrage spread over social media.

    Attorneys for Gottwald argued that the producer had invested $60m in Kesha’s career and had agreed to allow her to record without his involvement. Kornreich said her instinct was the “do the commercially reasonable thing” and noted that Sony had agreed to let Kesha record without Gottwald’s participation – an agreement Kesha’s lawyers said would set up the singer for failure since Sony’s interests lie in promoting Gottwald.

    Last year, Kesha’s lawyers said that while the singer is still under Kemosabe Records, she “will suffer irreparable harm, plummeting her career past the point of no return”.



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    Part of the problem, I imagine, is that she already swore under oath that no rape had occurred.

    "Kesha once testified under oath that the alleged date rape at the center of her new lawsuit against Dr. Luke never took place — but her lawyer claims she was simply too scared to sing."

    http://www.nydailynews.com/entertainment/gossip/kesha-denied-date-rape-dr-luke-back-2011-article-1.1982546

    Ultimately, the problem is evidence. She may have some, but none were produced during the hearing. However, they have her on record as denying the incident took place, under oath. Sworn testimony is given quite a bit of deference by the Court, and that gives the Judge virtually no options. I'm not saying it didn't happen, but, you can't really blame the Judge here. An allegation of something, does not mean guilt (no matter how much people think it's 'right' to suspend due process for allegations of sexual assault/rape)

    Sony also said that she could work with other management while her contract w/ her current manager is in effect. Not sure why that wouldn't work out for her while she figures out how to proceed with dumping her contract w/ her manager.



    Yikes. Best thing for her since shes still under contract with them is to work under someone shes far more comfortable with. Sony should try to investigate on this matter though, cant have someone in the music industry with these traits if really true



    Yeah, I mean...If what she says is true than I really feel for her and hope she figures things out. But there's just no actual evidence to support it and as Mornelithe said, she even said it didn't happen under oath...What is the judge supposed to do?



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    I can believe its just to get out of a contract.... on the other hand I can believe her story too.

    The problem is shes sworn once before she wasnt raped by him, and now shes saying that that was just a lie because she was too scared to admit it back then? The problem with lieing while under oath, once your caught in it, your credibilty drops alot.

    And if theres no evidence at all... yeah, You ll probably never get that guy convicted for it even if he did do it.

    I dont see why sony wouldnt just allow her to never have to be near that duche though.
    Just give her someone else to work with.

    mornelithe said:
    Sony also said that she could work with other management while her contract w/ her current manager is in effect. Not sure why that wouldn't work out for her while she figures out how to proceed with dumping her contract w/ her manager.

    Thats atleast good news for her.



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    Isn't this the singer who said she slept with a ghost?



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    If Ke$ha didn't seem like such a nut job and she wasn't trying to get out of contract. I might be more incline to believe her.

    Also, Dr. Luke is a handsome man. He looks like he can get bitches. Much better looking than Bill Cosby.



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    Normchacho said:
    Yeah, I mean...If what she says is true than I really feel for her and hope she figures things out. But there's just no actual evidence to support it and as Mornelithe said, she even said it didn't happen under oath...What is the judge supposed to do?

    Hilarious honestly. She's not even asking for much. A simple request to leave. 

     

    If she demanded millions, then I'd start by questioning her at first.



     

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    hershel_layton said:
    Normchacho said:
    Yeah, I mean...If what she says is true than I really feel for her and hope she figures things out. But there's just no actual evidence to support it and as Mornelithe said, she even said it didn't happen under oath...What is the judge supposed to do?

    Hilarious honestly. She's not even asking for much. A simple request to leave. 

     

    If she demanded millions, then I'd start by questioning her at first.

    Technically, if she were to nullify the contract, you are talking about millions.  It's not like she's a smalltime artist or anything.  The money she'd owe her manager would be substantial.



    So this happened 10 years ago, she previously swore an oath that the rape didn't happen, has no evidence and wants out of the contract no matter what even if she doesn't have to work with that manager?

    Nope, I'm not buying it. To me it sounds like she fabricated an excuse to get released from her contract. In which case, she's an imbecil for thinking ruining the life of a man is worth that.