Kesha’s Lawyers Argue Dr. Luke and Katy Perry’s Denials Do Not Disprove Rape Allegations

“[Kesha] cannot state definitively what happened between Dr. Luke and Katy Perry—that remains a triable issue of fact.”

Kesha’s lawyers filed documents today as part of the ongoing legal battle with producer Lukasz “Dr. Luke” Gottwald, Billboard points out. Kesha’s team filed a response to a summary-judgment motion from Gottwald’s team and requested that the motion be denied. Gottwald’s motion was an attempt to hold Kesha responsible for a number of allegedly defamatory claims. Among those claims were allegations that Gottwald raped Katy Perry—an assertion outlined in a text conversation between Kesha and Lady Gaga.

Kesha and Gaga previously testified that they heard the allegations about Gottwald and Perry from Interscope CEO John Janick. Gottwald and Perry both denied the allegations in their respective depositions. In today’s filing, viewed by Pitchfork, Kesha’s lawyers argue that Gottwald and Perry’s testimony “changes nothing” in terms of a defamation charge.

“Kesha only knows what Mr. Janick told her; she cannot state definitively what happened between Dr. Luke and Katy Perry—that remains a triable issue of fact. Indeed, for obvious reasons, an alleged rapist’s denial is hardly proof that the rape did not occur. And victims often deny sexual abuse, particularly when the perpetrator and victim share a personal or professional relationship; that is precisely why domestic-violence prosecutions often proceed in the face of a denial of abuse.”

In August, Kesha’s team moved to strike Gottwald’s Amended Bill of Particulars—a document that introduced the allegations about Perry. Her lawyers argued that Gottwald’s lawyers were attempting to “enormously expand the case” by introducing the new allegations. In today’s filing, Kesha’s team argued that “the only reason her private message went public was Dr. Luke’s decision to reference it in a public litigation filing.”

Gottwald’s team responded to Kesha’s lawyers in a statement.

“Dr. Luke has asked the Court to rule that Kesha’s accusation that he raped Katy Perry is false. In response, Kesha has made the disgraceful suggestion that Dr. Luke may have actually raped Katy Perry—refusing to take Katy Perry at her word. It is disrespectful and hypocritical. Kesha knows full well that Katy Perry denied that false and baseless claim under oath. Kesha’s continued refusal to acknowledge the truth has caused pain for everyone she has dragged into her increasingly absurd accusations.”

Pitchfork has reached out to Kesha’s representatives for comment.

Tonight, Lady Gaga’s full deposition was unsealed, revealing a heated argument with Dr. Luke’s lawyers in defense of Kesha.

Read “Are Kesha’s Lawyers Playing to the Public More Than the Courts?” and “Why Kesha Lost Her Court Battle, But Not Necessarily the War” on the Pitch.