Two weeks after appealing a judge’s decision on a court injunction, it appears that Kesha might have received a settlement proposal in her sexual assault lawsuit. Unfortunately, it looks like it’s not something that the “TikTok” singer will be agreeing to.
Freedom if Kesha Denies Sexual Assault Allegations
Kesha recently took to Instagram to share this message: “So. I got offered my freedom IF i were to lie. I would have to APOLOGIZE publicly and say that I never got raped. THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH. I would rather let the truth ruin my career than lie for a monster ever again.”
It would appear the singer received a settlement proposal, but only if she were to deny the allegations she has launched against Dr. Luke, a producer she worked with for 10 years.
Sexual Abuse Charges for Dr. Luke
In 2014, Kesha, full name Kesha Rose Sebert, 28, filed a lawsuit against Dr. Luke, real name Lukasz Gottwald, 42, that alleged the producer has sexually drugged her, raped her, and verbally abused her since she began working with him at the age of 18.
Kesha is widely known for her debut single “TikTok.” The album topped the Billboard Hot 100 for nine weeks at the end of 2009. It went on to set 610,000 digital units. Gottwald is protégé of super-producer Max Martin and has produced huge hits such as Kelly Clarkson’s “Since U Been Gone,” Pink’s “U + Ur Hand,” Katy Perry’s “I Kissed a Girl.” Since 2011, he has had an arrangement with music conglomerate Sony Music that allows him to run the imprint, Kemosabe Records while writing and producing music exclusively for Sony.
March Denial of Court Injunction
In March, New York judge Justice Shirley Werner Kornreich denied Kesha’s movement for a court injunctionthat would have allowed her to record music without Dr. Luke. The denial of the court injunction (an order issued by a court that forces a defendant to stop doing something) meant that Kesha would still remain under her Sony Music contract.
Initial Sexual Assault Lawsuit
The 2014 lawsuit that Kesha files against Gottwald alleges that the producer “sexually, physical, verbally and emotionally abused” her for years. In that lawsuit, Kesha’s goal is to void the contract that she signed with Dr.Luke and Sony so that she will be allowed to work with other labels and publishing units. She also is seeking to receive damages for the abuse she alleges occurred.
Gottwald has always denied the allegations. As Gottwald’s lawyer, Christine Lepera, said following the ruling on the court injunction, “As Dr. Luke has said repeatedly, the allegations against him are outright lies that have been advanced to extort a contract negotiation and money. Kesha and her counsel have cavalierly subjected Dr. Luke and his family to trial by Twitter, using a vicious smear campaign to ruin his reputation for financial gain while failing to support their claims.”
One thing that supports Lepera’s statement is the fact that in 2011 Kesha testified on video that Gottwald had not made advances at her. In that testimony, she explicitly stated: “Dr. Luke never made sexual advances at me.”
The singer has since stated that she lied out of fear of retaliation from Dr. Luke.
Appeal of Judge Kornreich’s Sexual Assault Decision
In late March, Kesha decided to appeal Judge Kornreich’s decision to deny the court injunction. Court documents state that the court erred in coming to its decision. “Plaintiff seeks reversal of the Order on the following grounds,” read the documents. “First, the Court erred in basing its decision on its finding that Kesha could record without interference from Gottwald. Although it recognized that ‘slavery was done away with a long time ago’ and that ‘[y]ou can’t force someone to work . . . in a situation in which they don’t want to work,’ the Court’s ruling requiring Kesha to work for Gottwald’s companies, purportedly without his involvement, does just that.”
A New York appellate court will now have to weigh in on the case.
Dr. Luke Responds to Latest Instagram Post
Dr. Luke has always denied the allegations against him, and it makes sense that he would respond to the singer’s latest words regarding the pending lawsuits. In response to Kesha’s recent Instagram post, a representative for Dr. Luke said:
“Kesha’s Instagram posting is false. The Court repeatedly stated Kesha is already free to record without Dr. Luke, and that she had not presented any facts supporting her claims. That’s because all the evidence - including Kesha’s own videotaped sworn testimony - show her allegations are false. The only thing Kesha is not free to do is to continue to lie about Dr. Luke through publicity stunts and outrageous smears, ignoring the fact that by her own free will she went to work and entered into new contracts with Dr. Luke years after this ‘incident’ supposedly happened. Her goal all along has been solely personal enrichment by seeking to break contracts that brought her success and millions so she can enter into more lucrative ones. We look forward to our day in court holding Kesha accountable for her lies.”
While it’s unclear what was contained in this possible settlement agreement, or even where the agreement came from, what is clear is that this case will continue on.
Addressing Rape Accusations
Sexual assault crimes are taken very seriously by the law. If you have been falsely accused you might assume that the charges will just be dropped because of how ludicrous they are to you. But take this case for example - and the wide-reaching effects that it had on just members of the fraternity associated with the rape allegations. These types of allegations do not just “go away,” and you will need to be prepared if you are falsely accused. Here are some things you can do:
" Do not speak with police or investigators until you have contacted a criminal defense attorney. They might try different tactics to get you to admit to a crime you did not commit. Remember that they are always trying to build a case. Simply state that you will not speak with them unless there is an attorney present. " Get in touch with a qualified and experienced criminal defense attorney. You’ll want to do this as soon as possible, even if you just expect the charges to be dismissed. " Prepare for what the allegations might bring. You will be asked to defend yourself, so you’ll need to be prepared. This means contacting witnesses that can testify or provide an alibi for you. You might also need to take psychological tests, or be asked to provide other evidence. Write down as many details as possible about what you remember. " Study. A criminal defense attorney will be able to guide you through fighting the allegations, but it’s in your best interest to understand the legal process and know your rights. " You will want to follow all the legal rules and precautions you can, and the best way you can protect yourself is by working with an experienced defense attorney such as Sevens Legal, APC.
Dr. Luke Defamation of Character Suit
In response to the allegations of sexual misconduct that Kesha brought against him, Dr. Luke filed a defamation and breach of contract against the singer.
Defamation lawsuits can be brought when false statements of fact are made that cause injury to the person being talked about. In this case, Cosby’s lawyers are alleging that the statements made by Johnson have caused harm to Cosby.
But just because someone claims defamation of character, essentially creating a “he-said/she-said” kind of argument, does not mean that a lawsuit will be successful.
Defamation is a false statement of fact. Johnson’s claims will need to be determined as “false” before they can be constituted as a defamation of character.
But truth is not the only defense available to someone that is being sued for defamation. Here are the major defenses often used in defamation lawsuits:
" truth " the defamatory statement was just a statement of opinion. This is a successful defense because a statement of opinion cannot be “defamatory.” " absolute privilege - Certain types of communications considered to be"absolutely privileged." This means the person making the statement has the absolute right to make the statement, even if it is defamatory. In this case, the person making the defamatory statement is considered immune from a defamation lawsuit. " qualified privilege - Certain types of communications are subject to “qualified privilege.” This means the person making the allegedly defamatory statement may have had some legal right to make that statement. When qualified privilege applies to a statement, it means the person suing for defamation will need to prove the person who made the defamatory statement acted intentionally, recklessly, or with malice, hatred, spite, ill will or resentment. " retraction of the allegedly defamatory statement - When a defamer retracts the allegedly defamatory statement.
Working with Sevens Legal, APC
After you have discussed the specifics of your case, your Sevens Legal, APC, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal, APC, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.
Sevens Legal, APC, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal, APC, criminal defense lawyers, call (619) 430-2355. Contact Sevens Legal, APC, today for a free consultation.
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