Kesha Sony case: Judge dismisses singer's 'hate crime' sex abuse claims in Dr Luke lawsuit

Singer's complaints of 'insults about her value as an artist, her looks and her weight are insufficient to constitute extreme, outrageous conduct intolerable in a civilised society', judge says

Kesha (Brian Ach/Getty Images)

Pop star Kesha has had a series of counter-claims against music producer Dr Luke and his companies dismissed by a New York judge in their long-running legal battle over allegations of sexual assault, contractual "slavery" and a "vicious smear campaign".

The latest ruling follows a highly publicised decision in February which denied the singer an injunction in her contractual obligations with Dr Luke, real name Lukasz Gottwald, and Kemosabe Records, owned by Gottwald and Sony Music. It is alleged that Kesha is in breach of contract, having not recorded since 2013. In defending the action she has made a series of counter allegations against Gottwald and his companies. The judge ruled Kesha was free to record music without the interference of Gottwald, while still on his record label. Kesha appealed this decision, which her legal team said was akin to “slavery”.

Kesha’s lawsuit has seen fellow entertainers including Lady Gaga, Adele and Demi Lovato all publicly pledge support for Kesha with Taylor Swift donating $250,000 to help with legal fees. After the decision in February the hashtag #FreeKesha began to trend on social media.

According to the New York Supreme Court judgement, Gottwald and his companies commenced a breach of contract action in 2014 in New York. This judgement states "immediately thereafter" Kesha brought an action in California alleging "sexual assault, sexual harassment and gender violence".

Kesha has accused Gottwald of drugging and raping her a decade ago and emotionally abusing her which she claims culminated in a stint in rehab in 2014. The music producer vehemently denies the allegations and has previously said they are part of “a vicious smear campaign to ruin his reputation for financial gain” and for the 28-year-old get out of her five-album contract.

New York Supreme Court Justice Shirley Kornreich ruled that all the counterclaims failed, in some cases because alleged acts of “discrimination” occurred outside of New York and the “jurisdiction and powers of the City are limited to its geographical borders”, according to legal documents filed in the court. She also noted the statute of limitations which means some of the allegations are time-barred because too much time has passed.

The counterclaims that alleged sexual abuse amounted to a violation of Kesha's human rights or hate crimes were dismissed by the judge as the evidence did not support the idea that the alleged violent incidents were motivated by gender. “Every rape is not a gender-motivated hate crime,” the judge said. They also failed on other grounds including the fact that they were time-barred and allegedly took place outside of New York.

The 28-year-old’s allegations about emotional distress were also deemed by the judge to not meet the strict pleading standards and/or failed to state a valid claim. “Her claims of insults about her value as an artist, her looks and her weight are insufficient to constitute extreme, outrageous conduct intolerable in a civilised society,” the judge wrote.

A spokesperson for Dr Luke said they had no comment, a representative for Kesha has been contacted by the Independent.