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USA: Believing Kesha and Other Survivors

February 24, 2016 By Correspondent

Rupande Mehta, New Jersey, USA SSH Blog Correspondent

Free Kesha Rally. Image via Mic
Free Kesha Rally. Image via Mic

If there was any doubt how hard it is to prove rape, assault or any other violence against women just look at Kesha. The singer filed a lawsuit against her producer, Dr. Luke, who she claims “sexually, physically, verbally, and emotionally abused Ms. Sebert to the point where Ms. Sebert nearly lost her life.”

Unfortunately despite 10 years of rigorous abuse, the court dismissed her complaint ruling she has to continue to work with her abuser and the record company (Sony) who allowed and tolerated the abuse. (Don’t kid me that they did not know).

Am I surprised? Nope. Saddened? Incredibly.

I am sad because there is yet another victim of abuse who has to live through the travesties of the legal system who has sided against her and with the guys in the fancy suits who claim to have spent a lot of money on her career and rightfully deserve their share of returns. Heartbroken that yet again a corporation is put ahead of human lives that endure incredible pain and anguish to have to continue to survive with such a dismal reality. Distraught that despite her tribulation, Kesha failed to get the approval of the justice system and has to continue working with the man who vehemently abused her.

Such injustice, though, happens every day, everywhere. Every day an abuser walks free and the victim is put through the ringer. Every day a victim sobs uncontrollably as the judge delivers a verdict that makes her worst nightmares come true. Every day another victim repeats her story millions of times and no one believes her.

Courts need evidence and when victims fail to provide any proof, they are deemed erratic. When victims change their narrative they are described unreliable or unworthy of stating the truth. But tell me, after you’ve been raped are you thinking about gathering evidence? Are you thinking about being so glib that your narrative never changes? Or are you dealing with the trauma that someone just handed down to you? Ask those who have been raped and they will tell you they never get their story straight the first time because their memory is not linear and comes back only in patches.

So what can we do?

Well for once, the justice system needs to realize the trauma resulting from rape and other assaults and consider it. In Kesha’s case, the judge saw it simply as a contract dispute and ruled in favor of Sony but the truth is more than that. Sony’s lawyers must have done an exceptional job of ruining Kesha’s reputation in the court room and making her sound like a vindictive woman out for blood. Her previous testimony denying that Dr. Luke never put a hand on her, I am sure, was wittingly used against her. For many this may raise the question whether Kesha was lying then or now. Unfortunately only Kesha knows the answer but having been through trauma and assault, I will stand by her side.

Kesha lost a big battle with the Supreme Court. Thankfully she had the means to do so and garner incredible support afterwards from the public who are demanding Sony #FreeKesha.

Celebrities like Taylor Swift are contributing money so Sony would let Kesha out of her contract. Although my heart goes out to her and her suffering, I cannot help but wonder how many don’t have what Kesha does. How many women, on a daily basis, are unable to access services or support with their story untold or not believed?

How many of us are harassed on a daily basis be at work or home or even in the streets? I often look at women passing me and wonder what, if any, trauma do they suffer from and why? Who called them unjustified names and put labels on them that forced them to have weight issues or eating disorders or anger or rage?

Why do the courts not look past this and understand that the issues of the psyche stem from the issues of harassment and if someone is experiencing them it is likely due to a deeper, more profound reason?

We live in a society where those who tell their story are not believed. Is it a surprise then that most of these cases go unreported? And how do you think cases like Kesha’s impact those abused women? The Supreme Court may have ruled for Sony but in the process it did an immense disservice to millions of women out there who were contemplating speaking up.

Rupande grew up in Mumbai, India, and now resides in the U.S. She has an MBA and is currently working towards her MPA, looking to specialize in Non Profit Management. You can find her writing on her blog at Rupande-mehta.tumblr.com or follow her on Twitter @rupandemehta.

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Filed Under: correspondents, News stories Tagged With: justice, Kesha, rape survivor, supreme court

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SSH will not publish any comment that is offensive or hateful and does not add to a thoughtful discussion of street harassment. Racism, homophobia, transphobia, disabalism, classism, and sexism will not be tolerated. Disclaimer: SSH may use any stories submitted to the blog in future scholarly publications on street harassment.
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