Ethan Miller/Michael Kovac/Getty Images for City of Hope
by Corinne Heller | Fri., Nov. 30, 2018 7:10 AM
Ethan Miller/Michael Kovac/Getty Images for City of Hope
The singer's lawyers argue in a counter statement that "None of the 'evidence' Dr. Luke cites even remotely suggests Kesha's sexual-assault allegation is false."
In 2014, Kesha sued the music producer (real name: Lukasz Gottwald) for alleged sexual assault and battery and also sought to invalidate her recording contracts with him. He denied her claims and filed a countersuit for defamation. In 2016, she dropped her sexual misconduct case. She continued to release new music, with Luke's approval. She and also continued her legal battle over her contracts, while he continued pursuing his defamation suit against her.
In September, the New York Supreme Court judge ruled that Luke and his legal team would be permitted to present documents supporting their claim that Kesha had planned a smear campaign against him. In response to an affidavit submitted by the singer's attorney, Luke's lawyers recently put out a fresh denial of Kesha's sexual assault allegations and a lengthy explanation of his side of the story.
Kesha maintains that Luke drugged and raped her in 2005. His legal team said in their statement that on the night in question, "Kesha and Dr. Luke each attended a birthday party for Nicky Hilton Rothschild at a nightclub in Hollywood, followed by an after-party at Paris Hilton's home. Kesha admits she voluntarily had at least four drinks while partying. Because she drank too much, she got sick, and threw up in Paris Hilton's closet."
Kesha sang about the vomiting episode in her song "Paris Hilton's Closet," which she co-wrote with her mom. ("But I threw up in Paris Hilton's closet / I got drunk and totally lost it"). She also told Us Weekly in 2010, "I barfed in her closet. I ended up going to her house for a party, and I thought it was a bathroom. I was dancing too hard. And it turned out to be her closet."
"That the Seberts made light of that night speaks volumes about what actually happened," Luke's legal team said.
"Kesha was kicked out of the after-party because of her behavior," Luke's legal team continued. "Dr. Luke was asked to help bring Kesha out of the party."
"As an act of kindness and to help Kesha, since Kesha had just vomited and was intoxicated, he escorted her out and offered to allow her to sleep in his hotel suite, which was only a few blocks away," the statement said. "Kesha slept on the bed in the hotel suite, while Dr. Luke separately slept on the couch. Dr. Luke testified, under oath and in great detail, that he did not have any sexual or physical contact with Kesha."
The statement said that "Kesha herself now testifies that she has absolutely no memory of engaging in any sexual activity with Dr. Luke or even of Dr. Luke being in the hotel room that night. Kesha has no memory of Dr. Luke engaging in inappropriate contact because it did not happen."
"In her bogus complaint against Dr. Luke, Kesha falsely claimed that Dr. Luke gave her a so-called 'sober pill' supposedly causing her to 'black-out,'" the statement said. "Luke testified that he did not give Kesha any kind of drug that night...The next day, Dr. Luke woke up on the couch and left the hotel suite, while Kesha kept sleeping on the bed. Receipts from the Mondrian hotel confirm that the very day after the alleged drugging and rape, Kesha remained in the hotel suite—the scene of the purported attack—ordering room service and pay-per-view movies."
I didn’t rape Kesha and I have never had sex with her. Kesha and I were friends for many years and she was like my little sister.— Dr. Luke Doctor Luke (@TheDoctorLuke) February 22, 2016
Luke's legal team's also said that "a few months ago, evidence became publicly available to show that Kesha's complaint was filed pursuant to a 'Press Plan' and PR media blitz, designed to create the maximum negative public pressure on Dr. Luke in order to get him to give in to her contract demands."
Kesha's legal team said in response, "He has complained about her so-called PR-campaign, stating Kesha defamed him when her lawyer's public-relations team sent a copy of her lawsuit to TMZ. Dr. Luke's complaints are hollow and hypocritical, because the evidence shows that he used the same PR company to provide TMZ with a copy of one of his lawsuits to ensure TMZ would publish first, as is typical practice in cases involving celebrities like Dr. Luke."
Along with their statement, Luke's legal team also presented emails sent between Kesha's managers and a record executive that discuss their "jihad" to "ruin" Dr. Luke "in the press" and "take down his business."
"There is nothing worse than abuse and sexual assault," the statement continued. "Dr. Luke supports any woman or man who seeks to address sexual abuse in the legal system. That is not what happened here. It is also horrendous to falsely accuse someone of a heinous act. That is what has happened here. Kesha's voluntarily dismissed rape claim has caused great harm to Dr. Luke, his family, and his businesses."
Kesha's legal team said in response, "He claims that Kesha's allegations have destroyed his career. But at the same time, he fought hard to hide from Kesha, the Court, and the public the fact that he has been meeting or working with some of the biggest names in music, like Chance the Rapper, Sean Combs, Jason Derulo, and Ty Dolla $ign.
In June, court documents showed that Kesha accused Luke of raping Katy Perry, in a text message to Lady Gaga. He has denied such an allegation. In a deposition, Perry denied any sexual assault by Luke.
On Friday, Lady Gaga tweeted, ".@katyperry & I have grown up in the industry together. We've gone through both celebrations & differences w/ each other. These are old texts. We've matured, gotten over the past, love each other & share deep respect. Katy is my friend and is truly a kind soul. End of story."
"Love you too friend," Perry replied. "Onward and upward."
Luke's lawyers said in their statement. "The false narrative Kesha created about being raped became widely accepted, damaging Dr. Luke's reputation irreparably. Katy Perry testified under oath in this case that Dr. Luke never raped her. Regardless, Kesha refused to apologize."
"This text message between two friends and the information in it would have never been made public, had Dr. Luke not decided to make it the subject of this public lawsuit," Kesha's legal team said in their statement. "His doing so is further evidence of his intent to destroy Kesha, regardless of who else is harmed."
In his defamation suit against Kesha, Luke is seeking an estimated $40 million in damages, according to Billboard.
"Kesha continues looking forward to defeating Dr. Luke's meritless claim at summary judgment and trial," the singer's lawyers said.