Kesha secures major victory in long-running legal battle with Dr Luke

New ruling finds Dr Luke must provide a higher burden of proof in his defamation case against the singer

Kesha has secured a major victory in her long-running legal battle over whether she defamed Dr Luke.

The singer – real name Kesha Rose Sebert – has publicly accused the music producer of rape, which he has denied.

The defamation case claims that Kesha defamed Dr Luke in February 2016 when she alleged in a text to fellow pop star Lady Gaga that he had raped Katy Perry.

In court, Dr Luke claimed she had made the accusation in an attempt to strengthen her own case against him. In a 2017 deposition, “Teenage Dream” singer Perry denied that she had ever been sexually assaulted by the music producer.

As per The Hollywood Reporter, when the case goes to trial, Dr Luke – real name Lukasz Gottwald – will have to prove by “clear and convincing evidence” that Kesha acted with malice.

Kesha will also be allowed to seek damages and legal fee repayment for the lengthy process.

The decision was made yesterday (30 June) by New York Supreme Court Jennifer Schecter who agreed that New York’s recently enacted free speech law applies in this case.

Anti-SLAPP laws seek to protect people using their first amendment rights from frivolous lawsuits.

A previous ruling found that Dr Luke – despite being world-famous and having worked with the industry’s biggest musicians – is a private figure, meaning that his defamation lawsuit requires a lower burden of proof than if he was a public figure.

This new ruling, however, given in light of the state’s recently passed anti-SLAPP statute, now finds that the higher burden of proof applies to Dr Luke because Kesha spoke out “with respect to issues of public concern”.

(AP)

In response to the decision, Dr Luke’s attorney said: “Today’s court hearing was only about a technical legal issue: the burden of proof at trial. Dr Luke would have filed this case regardless of the burden of proof.”

In 2014, Kesha had previously sued Dr Luke for sexual assault and battery. The singer dropped the case in August 2016.

The Independent has contacted a representative for Kesha and Dr Luke for comment.

If you have been raped or sexually assaulted, you can contact your nearest Rape Crisis organisation for specialist, independent and confidential support. For more information, visit their website here.