Saturday, February 20, 2016

Now It's Cool to Rape Someone Because Contracts

In the ongoing battle of corporations-people vs. actual human-people (especially human-people with vaginas), score one for the corporations-people, who won a brave battle this week with pop-star Kesha's human vagina and trauma in a New York trial court.

I've been following this story with some interest, in my personal human-person capacity as a shameless consumer of Top 40 music and as a lawyer with a vagina. 

28 year-old pop star Kesha--under contract with Sony records and a producer whom she claims drugged and raped her at age 18 and continued to abuse her for a decade--is contractually bound to her alleged rapist. Sony offered to let Kesha work with another producer, but for a bunch of reasons not really relevant here, that was a sham deal that would effectively doom her career.

Judge Shirley Kornreich--whom I can only assume from her name is not of the latest generation of humans with vaginas to audaciously insist that the legal system free them from contracts with rapists (I'm sorry ALLEGED rapists)--ruled against a sobbing Kesha.

The judge's "instinct" was to do "the commercially reasonable thing," and not "decimate a contract that was heavily negotiated and typical for the industry." 

So sure, Kesha is legally bound by the contract, even though, as the above-linked article in Jezebel correctly notes, the music producer was also legally bound not to rape her. 


And here's where the lawyer-with-a-vagina-human-person in me kinda suspects the judge's ruling is probably totally consistent with the law. And by that I mean, I'm pretty sure her hands were tied (metaphorically speaking of course). I suspect there was no legal pathway the judge could find--even if she looked really hard-- to give meaningful credence to Kesha's alleged rape and abuse and rely on it to void a contract. Not with a human man-person who raped and abused her for a decade and the corporate person who enabled it.

Corporate persons have made damn sure of that. And that, my friends, is a huge fucking problem for the rest of us.

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