Manhattan state Supreme Court Justice Shirley Werner Kornreich issued a ruling today in Kesha’s ongoing legal battle against her producer, known as Dr. Luke. The case was thrown out because the incidents were not in her jurisdiction and/or outside of the legal statute of limitations. She also stated that this rape didn’t fit the definition of a hate crime.
This latest legal defeat came after the February ruling that stated that Kesha must stay in her contract with Sony.
At the end of February, an attorney for Sony Music spoke with Billboard magazine, saying that while they want to accommodate Kesha in any way that they can, they cannot terminate a contract they aren’t a part of. Kesha signed a contract in 2005 with Dr. Luke’s companies, Kasz Money Publishing and Prescription Songs, and Sony subsequently signed distribution licenses with both companies. Consequently, Dr. Luke maintained control over Kesha’s contract.
This biggest issue with Kesha’s suit is the burden of proof. She has no substantial evidence of her assault. And while we live in a world where we should believe the victim of sexual violence, and help him or her, we also have to remember we live in a country where the accused is presumed innocent until proven guilty beyond a reasonable doubt. Dr. Luke has yet to be charged with a crime in this case, and Kesha is seeking all of her damages in civil court.
We should protect victims of sexual violence, support them, and care for them; however, we have to remember that not all allegations of sexual assault are true, even in high profile cases, and every person who is accused of a crime deserves a speedy and fair trial. Hopefully for Kesha and Dr. Luke they will soon have their day in court.