Why #Freekesha Matters

Overview

Why #Freekesha Matters: It reminds us that people deserve to be treated as people. It reminds us that money isn't the most important.

If you haven’t heard what’s been going on with Ke$ha lately then you’ve probably been living under a rock, but I’ll illuminate you before we continue with this post. Nearly ten years ago now, Ke$ha signed a contract with producer Dr. Luke[note]not a real doctor[/note] to record six albums for Sony. So far, she’s released two. In that time, she states Dr. Luke has physically and sexually abused her, leading to emotional instability, even entering rehab. She’s currently in legal battles to terminate the contract with Dr. Luke so she can produce music away from him, where she feels safe. Earlier this month, a judge stated that she must remain in her contract (at least for the moment).

There’s been a lot of buzz on social media. #freekesha and #istandwithkesha were trending for a few days. Other celebs such as Kelly Clarkson, Miley Cyrus, Nicki Minaj, Taylor Swift, Lady Gaga, Lorde, Ariana Grande, Fiona Apple((whomever that is), Demi Lovato, etc.[note]https://broadly.vice.com/en_us/article/how-pop-stars-who-have-worked-with-dr-luke-reacted-to-keshas-lawsuit?utm_source=broadlyfbus and http://www.nytimes.com/2016/02/23/arts/music/kesha-taylor-swift.html?mwrsm=Facebook&_r=0[/note] have spoken out in support of her. And, for the most part, the internet is on Ke$ha’s side. But that’s not entirely the case.
why #freekesha matters

Articles such as this one, and this one, are in favor of the judges. They see the internet’s response as akin to lynch mobs. Most are using her 2011 deposition where she denied the claims as grounds for their skepticism. And while one may think that’s fair, it flies in the face of everything we know about rape statistics. 

It’s actually very common for victims to deny the rape (even after initially reporting it) or change their story. They do this for a number of reasons including, but not limited to-

  • shame or guilt
  • a desire to keep it private
  • fear of the perpetrator
  • fear of not being believed[note]I wonder why they would fear this[/note]
  • lack of trust in the legal system[note]http://www.nij.gov/topics/crime/rape-sexual-violence/pages/rape-notification.aspx[/note]

Do you know what’s not common? False accusations of rape. More rapes are not reported- 68% -than are false accusations- around 2%. So there’s a 2% chance that Ke$ha is lying, which gives us a 98-freaking-% chance she’s telling the truth. And yet we’re not ready to believe her? No wonder people fear not being believed.

The articles go on to question why Ke$ha hasn’t criminally charged him with rape. Well, that’s because it’s very difficult to prove. Including the 68% of rapes that go unreported, only 2% will end up with someone being imprisoned.[note]https://rainn.org/get-information/statistics/reporting-rates[/note] 2%! It’s hard enough for Ke$ha to get away from Dr. Luke, let alone for him to be convicted. And the sad thing is if this were to happen in any respectable, “professional” business (like an office), HR would be all over it and separate the two immediately. An investigation could be done. Things would actually happen.

But do you know what people are saying about this? “It isn’t Sony’s job to look into the actions, it’s the police.” You wouldn’t say the same thing if a big-wig at CEO was abusing a coder. But obviously, Ke$ha is just using this as an excuse to get out of her contract.[note]http://ageofshitlords.com/kesha-and-her-supporters-are-wrong-heres-why/[/note] She wasn’t actually abused or raped.

But do you wanna know what’s really happening here? Ke$ha is jeopardizing her own career to get away from this man. Her career is at a standstill. Her contract requires Dr. Luke to produce at least 6 songs on each album, and she has four more to go with him.[note]http://www.nytimes.com/2016/02/23/arts/music/kesha-taylor-swift.html?mwrsm=Facebook&_r=0[/note] But she won’t work with him because she fears for her life.[note]http://www.cnn.com/2016/02/23/entertainment/kesha-dr-luke-battle-background/index.html[/note] Not only that, but it’s not good for her emotional state (and it’s just not good to be raped in general). So she can’t work without his involvement, but she can’t work with him. Guess that means no work for Ke$ha at the moment.

And to underline just how much of career suicide this is, remember all those people above that spoke out in favor of Ke$ha? They won’t do it “on the record”.[note]http://www.buzzfeed.com/reggieugwu/we-asked-20-pop-stars-about-dr-luke#.eq9OLEpAYp[/note] They can do it on their personal pages, but as soon as it becomes an official, publicized stance, they run the risk of being ostracized. And they know that.

So Ke$ha is asking to get out of her contract with Dr. Luke because she doesn’t feel safe with him (and who would?) but the contract is stating she has to make four more albums with him. That’s up to ten years of work. Would she go through all of this, risking her career and reputation, just to get out of the contract? Very unlikely. But that’s how Dr. Luke sees it.[note]http://www.npr.org/2016/02/23/467819740/-freekesha-puts-a-legal-battle-in-a-public-spotlight[/note]

Oh, and we haven’t looked at exactly why the judge denied Ke$ha’s request to be freed from the contract. The gist of it? Sony would lose money if she were let out of it. 

This isn’t just about a girl wanting out of her contract because she isn’t happy with it. This is about a woman being told her comfort and emotional well-being is less important than the money Sony can make from her. It’s not about whether or not there is enough evidence to convince Dr. Luke of rape (there usually isn’t, as we’ve seen, but that doesn’t increase the likelihood of false accusations as we’ve also seen.) This is about Ke$ha wanting to work in an environment where she feels safe and not have to worry about being abused. Isn’t that what every U.S. worker is entitled to? Screw that. Isn’t that what every person is entitled to?

There’s a telling quote from a lawyer about the issue I found-

I don’t think, for the most part, the public knows just what goes on with recording agreements. Just how sophisticated they are, what is involved in creating a star, what sort of resources are put into creating a star, and the lengths at which a company will go to keep that star because they’ve invested quite heavily in them.

So because they put so much money into building her career they can justify her abuse, and keeping her in an unsafe working environment? Bullshit.

Whether or not you like Ke$ha’s music, she’s a human. And she deserves to be treated as one. Telling her that because Sony put so much money into her, and will lose money if she is let out of her contract, she must continue to work under the same roof as the man who abused her, as well as for the company that allowed it to happen and did nothing, is the most inhumane thing in the world.

So #freekesha matters. It reminds us that people deserve to be treated as people. It reminds us that money isn’t the most important. Contracts shouldn’t be continued if it’s going to cause someone irreparable emotional damage because, as a human, she’s more important than some stupid piece of paper. No matter how “heavily negotiated and standard for the industry” it is.

Nick Scarantino