North Texas Daily

Morgan Sullivan | Staff Writer

@sadsquadch

On Feb. 19, artist Kesha was denied an injunction that would allow her to record music with labels other than the one that her alleged assaulter produces for. This injunction would provide her with an outlet while she battles a lawsuit against her producer, Dr. Luke, who she claims sexually, physically and mentally abused her.

The problem with sexual assault cases like Kesha’s is that the legal system’s expectation of evidence is often not met. Sexual assault and rape are a very private experience. Often, these cases go unreported. In fact, 68 percent of sexual assaults go unreported, according to a national crime victimization survey of the years 2008 to 2010, done by the U.S. Justice Department. Many victims don’t report abuse immediately, which can lead to a lack of tangible evidence, which would help their case.

The very act of reporting a sexual assault can be incredibly traumatic for victims and the marginal conviction rates certainly don’t offer much sympathy. The difficulty with these cases is the idea that a jury of 12 must believe beyond a reasonable doubt that the accused committed sexual assault or rape. Unfortunately, many cases never reach a trial due to lack of evidence. Many law enforcement professionals and lawyers believe that cases without evidence simply aren’t worth a court’s time.

Perhaps the answers are unclear, but it seems that there should be a middle ground for victims. Not every case will have the evidence needed to pursue a criminal trial, but that shouldn’t belittle a victim’s experience.

For the time being, Kesha simply wants to be able to put out music that doesn’t involve her abuser. Although there are many complexities to lawsuits, one thing seems simple: no one should have to work with someone who is a potential predator.

It shouldn’t matter whether you’re a pop star, a waitress, or a teacher. No one should be contractually obliged to live in fear of his or her physical and mental stability. Contracts are contracts, but at some point, there needs to be a human element involved.

People don’t trust the justice system because it rarely feels like they are given justice. When a piece of paper is valued over a human being, we as a society lose.