Kesha’s case against Dr. Luke shook the foundation of the music world. Notable celebrities like Taylor Swift and Lady Gaga learned that they had been working amongst an alleged abuser. An enormous outpouring of support for Kesha, both from within and outside of Hollywood, sparked outrage toward our country’s justice system and the way it treats sexual assault survivors.
For those of you who don’t know, #FreeKesha is a hashtag referring to Kesha’s court case against her producer, Dr. Luke. Kesha alleged that Dr. Luke had been sexually abusing her throughout their business partnership, and requested that the court negate the record contract professionally binding them. The contract, if active, would force Kesha to produce six more albums with Dr. Luke before she would be allowed to collaborate with a different producer. Unfortunately, the court ruled against Kesha. In order to put out any new music, Kesha would be forced to work with Dr. Luke.
This case is particularly poignant for rape survivors. Speaking out about sexual assault and abuse is an extremely difficult and disheartening process. It involves hours of telling and re-telling an often deeply traumatic story, constantly dealing with people who don’t believe you, and sometimes being shamed or harassed by those who are supposed to help you. Kesha went through this incredibly difficult process without seeing any justice served. The fact that Kesha spoke out about her abuse, openly demanded legal justice, and is still forced to either work with her abuser or effectively end her music career is incredibly discouraging to sexual assault survivors that are considering opening up about their experience.
But all is not lost for the #FreeKesha movement. The outrage over Kesha’s loss has revealed a light at the end of the tunnel for sexual assault survivors. The majority of the media has come out in strong support of Kesha. Public anger over the legal system’s handling of Kesha’s case has created a new dialogue about sexual assault that centers on the wellbeing of the victim. Instead of focusing on when we should or should not believe sexual assault survivors, public discussion has shifted to how the grueling, usually unsuccessful, legal process often punishes rape survivors more than it punishes rapists. This change in our discussion of sexual assault is important because it centers on the survivor. By focusing on the survivor’s ability to heal and to adequately seek justice, we create a safer and fairer system for sexual assault survivors.
Social media campaigns like #FreeKesha have the power to create change. At present, the legal process is a terrible burden on rape survivors. But as outrage continues to build over cases like Kesha’s, political change will likely create more options for survivors. A bill was recently introduced to Congress that would provide a “Bill of Rights” for rape survivors, including the right to a copy of your police report and the right to not be required to pay for your own rape kit. California recently passed a “Yes means yes” law that defines rape by a lack of consent rather than an explicit refusal. All of these legal changes represent a transition in attitudes about sexual assault. As more and more people express their anger over Kesha’s case, and the unfair way that our justice system treats sexual assault and abuse survivors, the system will begin to provide more comfort and justice for survivors of sexual assault.