Sexual assault is a topic that, as of late, has been shrouded in misogynist, unfair, and simply disgusting wariness. Victim Blaming, something that has existed since before the act of Sexual Assault was even given a name, to this day remains an all too prominent excuse to deny victims proper justice. Rape and similar crimes are written off as unsubstantial due to lack of evidence, and victims are shamed for not doing something proactive, like they could have possibly avoided the harm done to them. Some still go as far as to blame the victim for wearing revealing clothing, or acting in a manner that could be perceived as flirting, or ‘asking for it’. The idea that these concepts play more than a hefty role in today’s courtroom is sickening.
Kesha’s case is no exception.
It’s no secret that Kesha filed against former producer Dr. Luke for sexual assault and abuse. The singer had been verbally, emotionally, and physically abused for over a decade, driving her to the point of near death. It’s no wonder she wanted to escape the producer. Her record label, however, had other plans. Bound to a contract that states Kesha is forbidden from making music less it be under Dr. Luke’s name, the singer found herself caged. Music is her job, her life, her main source of income. But perhaps most importantly, music is a form of expression. To be told you cannot express yourself unless it be through the mouthpiece of your rapist, your own personal, palpable demon, is unthinkable and inhumane.
Upon hearing this, the internet almost broke with the amount of support flooding in for the superstar. #FreeKesha soon became a main trend across social media for days. People understood just how crucial Kesha’s situation was, and demanded change. For once, it felt like maybe the world isn’t all that bad after all.
Enter today, February 19th, 2016. It has been nearly two years since the lawsuit was filed, and Kesha is finally receiving her court date. In New York, fans are crowded around the building in which Kesha will fight for her freedom. They wave signs with the hashtag, screaming ‘Free Kesha Now’. The air is filled with hope. When Kesha steps out of her car and acknowledges her supporters with a love unmatchable, you can almost feel in your heart that things will work out for this poor girl.
This feeling is wrong.
Kesha has been denied freedom from her contract with Dr. Luke and Sony, on several ridiculous accounts. According to Jezebel, Supreme Court Judge Shirley Werner Kornreich said that asking the court to remove Kesha from a contract that was “heavily negotiated and typical for the industry” would be illogical. The judge also told Kesha’s attorney that his “instinct is to do the commercially reasonable thing.” According to Buzzfeed’s Mary Georgantopoulos, record label Sony backed their defense by saying their interest is in both Kesha’s and Dr. Luke’s success, and that they are not the least bit mutually exclusive.
Okay, so let’s analyze this for a second. First of all, the claim that removing Kesha from her contract would be illogical solely on the account that it was “heavily negotiated and typical for the industry” is frivolous. Kornreich is essentially telling Kesha that this is what she signed up for. A newsflash: No one asks to be abused.
Perhaps the comment that triggers the most upset is that Kornreich defended his judgement by saying it was the “commercially reasonable thing” to do. Kesha’s lawsuit is not just about music, or money. Sure, her career definitely plays a huge part in it, but think about how emotionally tormenting this is. She cannot express herself without bearing the shackles she holds to Dr. Luke. While Sony did explain Kesha could work with another producer so long as it is through their label only, this would not work for a number of reasons. Sony isn’t planning on firing Dr. Luke anytime soon. Would you agree to live in the home of your abuser?
Additionally, this statement paints Kesha as a product rather than a human being. Kesha wants to be freed for her own well being, so she is able to express herself and do what she loves most in this world. It’s also for justice, as Dr. Luke deserves proper punishment for his crimes. Kornreich’s claim, as well as Sony’s defense, favors the monetary value of Kesha and nothing else.
Kesha is a victim, one being blamed for the crimes of her perpetrator. This is something that occurs all too often in our world, and it is sick that people are adding to the singer’s anguish. Had she won this case, freedom would-literally-be ringing. Plenty of fans saw themselves in this case, thanking Kesha for speaking out and being so brave, for having the courage they did not. These supporters are outraged at the final ruling, and have spoken out against it with yet again the famous hashtag, #FreeKesha.
However, people are still victim blaming, shaming Kesha and painting her a liar. Perhaps most prominently is rock musician Ronnie Radke, who tweeted out a link that shows that, three years ago, Kesha swore under oath that Dr. Luke did not drug or rape her. However, we need to take into account that three years ago, Kesha’s career was at her peak. Had she spoken out about the abuse, her career would have literally been ripped out from under her. There were too many lights on her, and she was more or less probably scared of risking it all. Additionally, it takes time to gain the courage to speak out about such a traumatic experience. Especially with crimes like rape and sexual assault, it is easy for people to deny or blow over the truthfulness to one’s claim. Kesha exposed Dr. Luke in 2014, the same year she disappeared into rehab. The limelight faded away, and there was not as much to lose due to the rehab essentially tarnishing her name. Her experienced in rehab could have also given her the strength to talk about her abuse.
The idea that Kesha is being denied freedom from such a messy, corrupt system on the account of monetary concerns is implausible, disgusting, and simply saddening. This is not just a plea to release solo music through a new label. This is about removing the shackles to an abuser, to be able to express one’s self without being reminded of all the harm that’s been done to them. #FreeKesha is not just about a lawsuit. It’s a movement that more publicly exposes how our legal system is still built on victim blaming and misogyny. Stop blaming victims for a crime they did not do, for harm they couldn’t have avoided even if they tried.
#FreeKesha.
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