‘Only God knows what happened that night’ — Kesha and Dr Luke settle defamation lawsuit

For those who many be otherwise unaware, the #FreeKesha movement has been trending on and off since 2014, when the ‘Praying’ singer first accused Dr Luke — her former collaborator, producer and head of Kemosabe Records — of drugging and raping her in 2005.

In the explosive lawsuit, Kesha accuses Dr Luke of sexual assault and battery, including the aforementioned date-rape drugging and sexual abuse thereafter. The lawsuit also accused Luke of long-term emotional and psychological abuse involving fat-shaming, which caused her “severe depression, post-traumatic stress, social isolation, and panic attacks.” In the lawsuit, Kesha requests that she be released from her record deal with Dr. Luke on the grounds that his alleged actions are a breach of contract.

However, that same day, Luke countersues Kesha, her mother, and her manager Jack Rovner for defamation, categorically denying all allegations, and claiming that it’s a ploy to extort him. The lawsuits against Kesha’s mother and her manager were later dismissed due to lack of jurisdiction.

In 2015, Kesha filed an emergency preliminary injunction request to be released from her record contract with Luke, claiming her career will suffer “irreparable harm” if she must wait until her sexual-assault lawsuit is ruled on in order to be able to record new music without his involvement. This injunction was denied the following year, with a judge ruling that “there [had] been no showing of irreparable harm” and notes that Sony and Luke had permitted Kesha to record new music without the direct involvement of Luke.

It is at this point that the #FreeKesha movement gains momentum online, and a number of celebrities and fellow musicians pledge their support. Taylor Swift donated $250,000 to help with legal bills, Jack Antonoff offered to produce for her, Lady Gaga warned the public not to victim-shame Kesha for going public about her abuse.

Kesha appeals the decision, saying that the ruling upholds a form of “slavery.” In a since-deleted Instagram post, the singer revealed that Dr Luke had offered to release her from her contract if she agreed to recant the accusations of rape, to which she said: “[I] would rather let the truth ruin my career than lie for a monster ever again.”

Over the subsequent years, there were a number of back and forths, but the biggest blow came in February of 2020, when Supreme Court Justice Jennifer Schecter ruled that Kesha defamed Dr. Luke in a 2016 text exchange with Lady Gaga, in which Kesha alleged that Luke had raped Katy Perry.

In the court decision, Schecter writes, “Kesha made a false statement to Lady Gaga about Gottwald that was defamatory per se. There is no evidence whatsoever that Gottwald raped Katy Perry. Moreover, publication of a false statement to even one person, here Lady Gaga, is sufficient to impose liability.” Schecter also orders that Kesha pay Dr. Luke over $373,000 in royalties.

Though there was a lot of back and forth over the course of this lengthy legal battle as to whether Dr Luke should be considered a public figure, Kesha finally wins a judgement earlier this month that said: “We first consider whether Gottwald is a public figure such that he must prove the allegedly defamatory statements were made with ‘actual malice.’ If subject to that standard, Gottwald would be required to prove by clear and convincing evidence that each statement was made ‘with either knowledge that it was false or reckless disregard for the truth.’”

On 22 June 2023, Kesha posted a joint statement on Instagram, saying: “Only God knows what happened that night. As I always said, I cannot recount everything that happened. I am looking forward to closing the door on this chapter of my life and beginning a new one. I wish nothing but peace to all parties involved.”

Dr Luke wrote: “While I appreciate Kesha again acknowledging that she cannot recount what happened that night in 2005. I am absolutely certain that nothing happened,” Luke said in his statement. “I never drugged or assaulted her and would never do that to anyone. For the sake of my family, I have vigorously fought to clear my name for nearly 10 years. It is time for me to put this difficult matter behind me and move on with my life. I wish Kesha well.”

Stuck in a legal battle since she was 27 years old, a now 36-year-old Kesha is set to embark on a tour for her latest album ‘Gag Order’, which is itself a Kemosabe product. Kesha has been writing and creating music about her pain and her healing while still tied up in a contract with the man that caused so much of this suffering.

When will Dr Luke’s day of reckoning come?

Feature image via @iiswhoiis on Instagram