Of particular interest in Kesha and Gaga's text message conversations is the claim that Dr. Luke raped Katy Perry, which the singers testified having heard from Interscope Records CEO John Janick. Dr. Luke has denied the allegation, as did Perry in a sworn testimony. But, so far as the defamation charge is concerned, Kesha's attorneys assert in the new filing that Perry's testimony "changes nothing."
"Kesha only knows what Mr. Janick told her; she cannot state definitively what happened between Dr. Luke and Katy Perry—that remains a triable issue of fact," contends Kesha's attorneys.
More so, Kesha's camp argues the conversation between her and Gaga was conducted in private and Dr. Luke has not presented evidence the information contained therein was ever communicated beyond the text messages. As well, the singer's attorneys contend "the only reason her private message went public was Dr. Luke’s decision to reference it in a public litigation filing."
They continued, asserting that while Kesha "cannot concede a fact for which she lacks personal knowledge," Dr. Luke and Perry's denials are not proof the rape did not happen.
"Indeed, for obvious reasons, an alleged rapist’s denial is hardly proof that the rape did not occur," the filing reads. "And victims often deny sexual abuse, particularly when the perpetrator and victim share a personal or professional relationship; that is precisely why domestic-violence prosecutions often proceed in the face of a denial of abuse."
In response, Dr. Luke's legal team issued a statement on Tuesday, calling Kesha "disrespectful and hypocritical" for not taking Perry at her word.
"Dr. Luke has asked the Court to rule that Kesha's accusation that he raped Katy Perry is false. In response, Kesha has made the disgraceful suggestion that Dr. Luke may have actually raped Katy Perry - refusing to take Katy Perry at her word," said the statement. "Kesha knows full well that Katy Perry denied that false and baseless claim under oath. Kesha's continued refusal to acknowledge the truth has caused pain for everyone she has dragged into her increasingly absurd accusations."