Kesha’s Rape and Abuse Claims Dismissed

Discussion in 'Article Discussion' started by Melody Bot, Apr 6, 2016.

  1. Melody Bot

    Your friendly little forum bot. Staff Member

    This article has been imported from chorus.fm for discussion. All of the forum rules still apply.


    All but one of Kesha‘s legal claims against Dr. Luke were dismissed by a judge. From Marc Hogan, at Pitchfork:


    On Kesha’s claims that Dr. Luke violated the New York statutes commonly known as “hate crime” laws, Kornreich ruled that Kesha failed to allege Dr. Luke “harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha.” The judge added, “Every rape is not a gender-motivated hate crime.”

    The post Kesha’s Rape and Abuse Claims Dismissed appeared first on chorus.fm.
     
  2. Saephon

    Regular

    This sentence confuses me. Was the judge trying to say that NOT every rape is a gender-motivated crime? Or that none of them are?
     
  3. SoundwaveUproar

    Regular Prestigious

    I think he was trying to say the first part.
     
  4. Jacob Davidson

    Regular

    Fuck this. Fuck that judge. Fuck Dr. Luke and fuck Sony Music
     
    heymattrick likes this.
  5. swedishheat

    Newbie

    Seems like most of the claims were dismissed because they allegedly occurred in California, and the suit was filed in New York, so the judge has no jurisdiction. Why was it filed in New York?
     
  6. algae

    Regular Prestigious

    "Kesha's claims in the New York court were technically counterclaims filed in response to Dr. Luke's defamation lawsuit against her. Her initial lawsuit, filed in October 2014 in a California court, was set aside in June by a Los Angeles judge because her contracts stipulated that disputes would go through New York. It wasn't immediately clear when the California case might resume." - P4K
     
    Jason Tate likes this.
  7. Viva Sonata

    gooberplex.tumblr.com Prestigious

    I have nothing but contempt for everyone at Sony Music who have allowed this to happen.
     
    Jason Tate likes this.
  8. beachdude

    I'm not brave Supporter

    Awful. This situation just seems to keep getting worse for her.
     
  9. Jonesy

    Be my alibi?

    It's not what you know, it's what you can prove. While the allegations of heinous acts are difficult to imagine are something that anyone would ever lie about or make up, a case can't hold up without evidence. It's difficult to be objective when your heart bleeds and your view is purely subjective. Whoever is lying be it a rapist or false rape accuser, I hope justice can find a way to be served.
     
    JKDemeter and Raku like this.
  10. isaidreiss

    Uppin' the Punx

    Goddamnit.
     
  11. Petit nain des Îles

    Golden Hour Supporter

    It makes me want to throw up. I can't believe how discouraging this whole case must be for rape survivors. That judge is another horrible human being.
     
    supernovagirl likes this.
  12. Whatjuliansaid

    News on once the clouds are gone. Prestigious

    :(
     
  13. alexmacwilliam

    Listen to The Local Wave podcast @thelocalwave

  14. Craig Manning

    @FurtherFromSky Moderator

    Dr. Luke has a history of using the courts and defamation lawsuits to intimidate people into silence. That is a fact. His history should be taken into account here, even if there is no "hard evidence" that he committed the crime he is being accused of.
     
    Anna Acosta and NotBruce like this.
  15. Sal Paradise

    Regular

    This sucks, but hopefully the amount of publicity this case received will have some sort of positive impact on abuse in the music industry. Sadly I'm sure that Dr. Luke isn't the only one who has done stuff like this. There's a lot of shady/disgusting shit that happens to women, kids and probably even some men in the music and film world.
     
  16. Craig Manning

    @FurtherFromSky Moderator

    I hope that, at very least, this shitbag's time as an A-list songwriter is over.
     
    GooberSandwich likes this.
  17. rst

    Regular

    I dont know much about Dr. Luke besides being involved in a lot of top 40 hits, who else has he sued?
     
  18. Craig Manning

    @FurtherFromSky Moderator

    Everyone who has ever accused him of stealing their songs.
     
  19. Jacob Davidson

    Regular

    Anyone who works with him willingly is just as bad as him at this point as far as I'm concerned.
     
  20. DandonTRJ

    ~~~ヾ(^∇^ Supporter

    Unsurprising. Kesha's legal claims have been weak in this case from day one, which is why she's been forced to primarily litigate in the court of public opinion (which she's doing a much better job of than Dr. Luke). I just don't understand why Sony is sticking to its guns, though. This is a PR nightmare, even if they're legally in the right.
     
  21. JKDemeter

    Newbie

    The issue with that a judge cannot do that. Kesha's lawyers would have to make a stronger case out of his history of this. To the judge it might look sketchy, but he/she/they still can't suddenly be bias because he's done it before, especially if he has no prior knowledge to those other cases and their similarities (again, something Kesha's lawyers need to bring up). Fact is, you still need evidence to make this a real case. Proof that it was non-consensual, proof that was done with malicious intent. Sex-based crimes get the book harder than murder sometimes, but lacking evidence gets cases of all kinds thrown out daily. If there's no way of proving a crime did indeed happen (rape kit results, messages before and after the event transpired, witnesses, video, audio, etc), there's only so much a judge or a jury go off of with he said-she said.

    I learned a lot when I started going to school to be a lawyer, and I opted out of it quickly because of stuff like this. Whether he's truly guilty or not. If he and/or his legal team know all the loopholes, this won't go on much longer.
     
    devenstonow likes this.
  22. Anna Acosta

    Listen to Staircase Spirits. Moderator

    You aren't wrong about what a judge can or can't do - but none of that explains or excuses the awful comments that these judges make while making these rulings. That isn't in their job description either. A simple "I don't have enough evidence to rule that a crime took place" would suffice.
     
  23. Craig Manning

    @FurtherFromSky Moderator

    That's why I said "should." Our justice system is a piece of shit and most of the people who work in it are also pieces of shit. This judge, not understanding what rape is, is pretty clearly one of their number. A rich dude should not be able to use defamation lawsuits to frighten his many victims into silence. That he can is evidence that our court system is broken.
     
  24. Craig Manning

    @FurtherFromSky Moderator

    Working with him at this point is career suicide.
     
  25. Chaplain Tappman

    Trusted Prestigious