New York judge Shirley Werner Kornreich dismissed all of Kesha’s claims against Dr. Luke, his affiliated companies and Sony Music Entertainment.
The most problematic aspect of the decision revolves around location. Kesha originally filed her claims against the producer in a Californian court. Dr.Luke’s legal team was able to move the case to New York, citing a provision in Kesha’s contract about choosing the venue regarding where the contract is heard.
Once in New York, Luke’s side argued that her claims be dismissed because they happened in California and held no significance in New York law. Korneich agreed with this argument and it became a justification of the dismissal of Kesha’s claims.
The manipulation of location used by Luke’s legal team raise flags of concern. How can Kesha possibly win if they are able to control such an important aspect of the case? It becomes that much harder for her to ever come to the conclusion of this battle.
Kesha is a high profile example of what sexual assault survivors live through everyday. Perhaps the court system is unaware that every 107 seconds, another American is sexually assaulted. Not everyone watching Kesha’s battle unfold has been lucky to never been assaulted. Her struggles are felt by the 293,000 yearly victims of sexual assault and those who continue to heal from the pain of being a victim.
The situation is being broadcast for everyone to witness in real time and exposes the issues within the legal system when an alleged assaulter is able to continue to control a victim. What hope does that bring to victims when debating about getting the authorities involved?
This affects more than just those involved.
This simple, yet carefully thought out action is a dangerous advantage for Luke. Kesha is a survivor of sexual assault, but is unable to put this behind her because her alleged assaulter can continue to find ways to bring the court on his side and prolong the battle.
On her Instagram page, Kesha said she was offered freedom if she publicly apologized and said she was never raped. If the claim is true, that is more evidence of manipulation on Luke’s side. Her contract is power and Luke and his legal team are using it to take control of a situation that should not be dragged out.
She has become a slave to Sony. There are aspects of her own life that she has no control over. She can only continue to fight until she gets the results he has been working towards. Instead of being a human being fighting for her freedom, she is continuously shackled by a contract and continues to meet dead ends.
The pop star just wants justice for the wrongdoings that have affected her life. The fact that a contract still controls the ruling of a case shows that she is not seen as a woman. She is merely an object with a contract that is told what she can and cannot do in relation to a serious lawsuit.
She deserves her own freedom that a contract should not be able to take away from her. A signature sold her soul and it is unfair to her when she has to continually suffer for something that was no her fault.
