‘Blow’ singer Kesha could be seeing her sexual assault case against Dr. Luke blow up in her face after a judge ruled in favor of the producer’s counter suit Thursday (February 6).
In 2014, Kesha sued Dr. Luke (born Lukasz Sebastian Gottwald) for sexual assault – to which he responded with a defamation and breach of contract suit. With his suit Gottwald argued the ‘Die Young’ diva attempted to kill his career with a ‘smear campaign’ on the back of the rape allegations and also use her lawsuit as a means to get out of her recording and publishing contract.
Five years later, a judge has ruled in favor of the hit producer.
“Kesha and Gottwald have very different accounts about what happened on the night at issue,” Judge Jennifer Schecter said. “This court cannot decide, as a matter of law on papers and without any assessment of credibility, who should be believed and whether Kesha commenced the California Action, which she would not have done if she had been released from her contracts, in good faith or as a sham to defame Gottwald and obtain business leverage.”
A judge rules that the singer published a false statement when she texted Lady Gaga that her producer had also raped Katy Perry.
[The judge] rules that Dr. Luke has met the burden of establishing that Kesha published a false statement about him when she texted Lady Gaga that he had also raped Katy Perry.
Dr. Luke “submitted evidence that [he] did not rape Katy Perry,” the ruling states. “Perry unequivocally testified that Gottwald did not do so. In response, Kesha has not raised a triable issue. There is no evidence whatsoever that Gottwald raped Katy Perry or that Katy Perry, whose sworn testimony is unrefuted, must not be believed. Kesha cannot defeat summary judgment with mere speculation.”
With the falsity “proven” against Kesha, the singer’s statements were deemed defamatory. The ruling – which results in the songstress having to pay a whopping $375,000 to the producer for the “crime” – comes as the latest in the ongoing battle with Luke and will undoubtedly be yet another tool used against her in the rape case.
[photo source: Getty Images]