Kesha and her supporters are wrong, here’s why

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You can barely go to any website on the internet in these past few days without seeing something about how Kesha was denied an injunction by a judge in her “sexual assault” lawsuit.

Except for the fact that her lawsuit isn’t about her alleged sexual assault – it’s about her being released from her contract with Dr Lukes record label. This happens to be one of the more unpleasant byproducts of feminism that barely anybody, who supports it, is willing to acknowledge. If you want something that is perceived to be relatively difficult to get, you can allege to have been the victim of sexual assault in order to rake in support from people who believe ( and we can all agree on this one) that rape is an abhorrent thing.

The injunction that a judge denied Kesha aimed to release her from a six album contract with Sony. Sony has not breached any of its contractual obligations or conditions and Dr Luke has not been charged or tried for the sexual and emotional abuse that Kesha claims to have suffered over a 10 year period. In fact, no criminal charges of abuse or assault have ever been laid against Dr Luke by Kesha and she even gave a deposition in 2011 where she swore, under oath, that she had never been roofied or sexually assaulted and that she had never even had a sexual relationship with Dr Luke. Her mother, Pebe Sebert, supported these statements in one of the transcripts provided below:

The claims she has made in these depositions are in stark contrast to the claims she is now making and attempted to use as the basis to her request to be released from her contract.

Even her mother, Pebe Sebert who now claims that her daughter made her aware of being drugged and raped, testified to the contrary under oath also.

Dr Lukes legal team assert that her claims, contrary to her earlier testimony given under oath, are simply a bid to defame him and extort from him an early release from her contract. Sony have offered Kesha a different producer to work with, in light of her allegations, but she has declined this offer and stated that regardless of the offer, her music would not be promoted unless she continued working with Dr Luke and later even amended her lawsuit to include Sony as co-defendants in her claim stating that they have failed to investigate her allegations into his conduct when they are supposedly obligated to do so. Correct me if I am wrong, but I believe it is the job of police to investigate criminal allegations, not the responsibility of the employer, who does have a certain interest in the public image of their employees, however not to the extent that they are to operate outside of the framework provided by the legal system and informally convict one of their employees of sexual assault without the involvement of the authorities. That’s just the thing though, no complaint has been made to law enforcement to date, despite an unnamed source close to Kesha stating that she has available to her medical records that support her being roofied and raped. To further support Dr Lukes’ lawyers assertions that these accusations are being made only to sully his image to the extent that he releases her from her contract, Keshas lawyer tweeted that Dr Luke had also been the person who raped Lady Gaga, which was quickly and officially denied by Lady Gaga herself.

By covering this story as a “rape lawsuit,” rather than a financially motivated lawsuit revolving around her career, every major publication which has done so has effectively but unofficially convicted Dr Luke as a rapist, based off of nothing more than her allegations which have not been filed officially as a complaint with law enforcement or substantiated in any way.  If this case was about her alleged sexual and emotional abuse, the goal would not involve her contract first and foremost, with the alleged rape coming second and serving only to support her argument for the early release from her contractual obligations to Sony. If this was about the alleged rape, the goal would be to see her rapist punished to the full extent of the law.

The lack of coverage on this topic which objectively factors in these discrepancies is most likely due to the severe backlash journalists would be sure to receive from social justice warriors. How dare we question a woman who claims to have been sexually assaulted when so many details within and surrounding her allegations indicate that something is not quite right and the events did not unfold exactly as she claims they did? Just like myself, very few people want to live in a world that encourages condemnation of people who have only been accused of very serious crimes without these accusations having been properly investigated and not “proven” solely on the fact that an accusation was made. These allegations, while not proven nor disproven in a court of law have already publicly branded this man as a rapist and the damage to his own career has already been done.

Questioning the merit of Kesha’s accusations is not oppressive and does not place any responsibility for her alleged rape onto her and any person with at least half of a functioning brain and a sense of decency could never see it as such, but this is a common theme within the social justice ideology – questioning the complaint of an alleged victim of sexual assault is abhorrent and should never happen, even if their is little to no evidence to support their claims. This ideology does not help women who have been legitimately raped and only serves to allow women who falsely accuse men of rape to do so with comfort, safety and without fear of repercussion for their horrible actions. In a society where social justice warriors claim we foster a rape culture – that we celebrate and encourage rapists instead of punishing them, how could that rape culture exist when a mere accusation follows the accused rapists for the rest of their lives even if they have been proven innocent. Last year 17 year old student, Jay Cheshire, hung himself after being investigated over a claim that he raped a young woman who withdrew the claim two weeks after making it and admitted that she had knowingly falsely accused someone of rape. Her identity was not made public, due to the sensitivity of her claims and to this day I have been able to find no record of the girl being charged or reprimanded in any way for lying to the police and pushing the young man to take his life.

Charities such as Women Against Rape in the UK have campaigned against what they call “aggressive pursuit” of cases where people have falsely accused of others rape, despite 98 out of 109 women being convicted of perverting the course of justice by lying about having been raped in a single year. The maximum sentence for this crime is life in prison, but Women Against Rape want the consequences for essentially ruining a person’s life forever to be reduced to “wasting police time” which carries a maximum term of six months in jail and a fine. It defies logic that a charity against rape would not want women who make a mockery out of the horrible ordeals that victims of rape suffer to be held accountable for their actions, which make it harder for victims of rape to actually achieve justice.
Nobody should have the freedom to ruin a person’s livelihood by falsely accusing them of a very serious crime without repercussion, regardless of their social standing or their gender. You cannot solve the problem of sexual assault by lying about it and the best way to deter people from doing so is to make the consequences align directly with what the victims of these false allegations experience as a result of this crime.

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