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The #FreeKesha movement took another hit as New York Supreme Court Judge Shirley Kornreich dismissed all but one of Kesha's counterclaims against her longtime producer Lukasz "Dr. Luke" Gottwald.
Back in February, Kornreich rejected Kesha's injunction from her contract requiring her to work with Sony and Dr. Luke, whom Kesha alleges drugged, raped and verbally abused her over the years. She's now weighed in on the abuse claims of the lawsuit.
Unfortunately for Kesha, the rape allegations fall out of New York's statute of limitations for the crime (five years) as it allegedly happened in 2008. Judge Kornreich also denied Kesha's claim that Dr. Luke's alleged rape and abuse counted as a hate crime because, "Every rape is not a gender-motivated hate crime," according to Kornreich's judgment obtained by The Hollywood Reporter.
Kesha makes first public statement following Dr. Luke ruling: "This issue is bigger than just me"
The claim was also shut down because it can't be based solely on verbal remarks. There needs to be a physical assault or property damage to substantiate a hate crime. The only incidents that fit the claim are the alleged rape and an assault on an airplane, which also happened in 2008 and is thus also outside the statute of limitations.
Judge Kornreich also denied the singer's claim of intentional infliction of emotional stress, writing, "insults about her value as an artist, her looks, and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society."
Only one counterclaim survived to go to court - whether her agreement terminated when she was sued for breech of contract. However, the denial of the abuse claims was a huge loss for Kesha, who is hoping to get another crack at the injunction with a new appeal. Kornreich also dismissed the claims without giving Kesha an opportunity to amend her complaint with her new "power lawyer," Daniel Petrocelli.
The judgement comes after Kesha lambasted Gottwald and Sony on Instagram for offering her a private deal to get out of her contract if she recanted the allegations. Gottwald maintains that he never raped or abused the singer.
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