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Innocent until proven guilty? The case of Kesha

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By Issy McConville

TW Over the last couple of days, the #FreedomForKesha hashtag has seen an outpouring of support for the singer, who is currently embroiled in a legal battle against her producer, Dr. Luke, on the grounds of sexual assault. However, it has been almost a full year since Kesha first brought the charges; a year which has seen her disappear from the public eye, whilst Dr. Luke continues to produce records, finding success with artists such as Usher and Nicki Minaj in the past year. Kesha also named Sony in the case, claiming the label knew of her abuse, but turned a blind eye for almost 10 years.

Sadly, at this point, it is likely that Kesha’s career will never recover, simply because she decided to speak out against her abuser, and about the industry which was implicit. The silencing of Kesha’s voice, and the destruction of her career, is a telling reflection of the inherent misogyny of the music industry, and of society as a whole.

Comment pieces about the case have continued to appear on my Facebook timeline. Scrolling through the comments section – I should perhaps have learned by now that this will be nothing but trouble – I happen upon comments such as ‘there is no detail of the supposed rape, just a load of feminist garbage’ and continued calls for Dr Luke to be, ‘innocent until proven guilty’. Yes, of course, innocent until proven guilty, this is a fundamental human right – but tends to be a luxury that is only afforded to the accused.

While Kesha’s career has ground to a halt, Dr. Luke is continuing to work. While Kesha’s claims are being cross examined by the public, and being blamed for crying wolf with a false accusation, Dr. Luke continues to dominate in the music industry with no retribution. And this is a pattern which is being replayed all over the world. According to statistics from RAINN (the Rape, Abuse, Incest National Network, recorded here – https://rainn.org/get-information/statistics/reporting-rates) only around 2% of rape claims are proven to be false, and in fact, only a little more than 30% of rapes are ever reported to authorities. Dispute the accuracy of these figures all you want – there is a clear discrepancy between actual false rape claims and the amount that are derided as being such.

However, the ideology of victim blaming continues. We live in a world which shames a woman for daring to speak out against an abuser but makes excuses for the man until the very last minute. Just look at problematic photographer Terry Richardson. Countless models have made claims of sexual abuse and an abuse of his power, and yet he continues to work with the biggest celebrities and be popular in the public eye. We just aren’t interested in hearing about his misdemeanours, much like those of Dr. Luke. In this case, perhaps Dr. Luke is innocent. But, as he was also named as possibly being the abuser of Lady Gaga, perhaps not. Irregardless, Kesha’s experience is just one of countless similar stories that reveal the narrative of victim blaming that exists. Kesha may have sacrificed her career to name her abuser. And until we stop believing that every rape claim is false, we play into the hands of the abusers, and allow that 70% of rapes to still go unreported.

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