Kesha's Counterclaims in Dr. Luke Case Thrown Out by Judge: 'Every Rape Is Not a Gender-Motivated Hate Crime'
By John Boone
Kesha's case against Sony has suffered another blowback.
New York Supreme Court Justice Shirley Kornreich denied a number of counterclaims the 29-year-old pop star's lawyers filed on March 21, which accused songwriter/producer Dr. Luke (Lukasz Gottwald) of employment-based gender discrimination, gender-related hate crimes, and intentional infliction of emotional distress.
"Although Gottwald's alleged actions were directed to Kesha, who is female, the [claims] do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violent toward Kesha," the judge writes in court documents obtained by ET. "Every rape is not a gender-motivated hate crime."
As for emotional distress, Justice Kornreich determined that "her claims of insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society."
In February, the judge denied Kesha an injunction on her recording contract with Sony. The suit came after the "Tik Tok" singer accused Dr. Luke, 42, of drugging and sexually assaulting her. Dr. Luke has called Kesha's claims "outright lies."
In the appeal filed by Kesha's legal team, it stated, "Although it recognized that 'slavery was done away with a long time ago' and that 'you 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. As the Court itself recognized, 'It's slavery. You can't do that.'"
Judge Kornreich now concluded that Kesha's claim that she is a slave is untrue because Sony has allowed her to work with their other producers. All dismissed claims have been made without an opportunity for Kesha to amend them.
"I would have to APOLOGIZE publicly and say that I never got raped," she wrote on Instagram. “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."
Dr. Luke's attorney, Jim Bates, told ET in a statement that those "allegations are false" and accused the singer of lying about the producer "through publicity stunts and outrageous smears."
Kesha thanked her supporters and teared up while talking about her personal drama at the Human Rights Campaign Nashville Equality Dinner. Watch in the video below.