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    Desperate for a Shag GilesMadeleine Davies
    5/12/16 3:15pm

    So...why does he want this?

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      KatMarloweDesperate for a Shag Giles
      5/12/16 3:18pm

      Likely because his team wants to see if Kesha made any statements to her therapist that contradict her claims.

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      EatfoodDesperate for a Shag Giles
      5/12/16 3:19pm

      To try and prove she’s lying. That there's no emotional trauma. Ect, ect, ect.

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    HarvestMoonMadeleine Davies
    5/12/16 3:14pm

    This will ensure any woman who considers reporting a sexual assault remains in her terrified silence for all eternity.

    Which is always the goal.

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      FeedTheDevilSoupHarvestMoon
      5/12/16 3:15pm

      I saw this headline and just went “no no no no no.”

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      SqarrHarvestMoon
      5/12/16 3:27pm

      Always the goal.

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    Major Lazer Power BlazerMadeleine Davies
    5/12/16 3:22pm

    i highly doubt a judge will grant this. judges care about their legacies and no judge wants to be the person that sets the precedent for rape victims not having dr/patient confidentiality with their therapist

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      theresthisMajor Lazer Power Blazer
      5/12/16 3:26pm

      I see stories like this on Jezebel from time to time but never stories on what the judges actually decide. Is this something judges typically allow? Because it’s seems like it would have a very chilling effect on abuse victims.

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      meeting people is easyMajor Lazer Power Blazer
      5/12/16 3:29pm

      Since it’s a civil case, I think he will grant it. If Kesha admitted to having a journal/diary they would be entitled to it. Unfortunately they will try to use anything against you. Sucks.

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    Mr.Noir, Liberal Hippie KingMadeleine Davies
    5/12/16 3:27pm

    What a skeevy piece of shit. This isn't going to help your public image as someone who thinks he's entitled to women's bodies pal. Now you just look like someone who thinks he's entitled to women's bodies AND medical records in the hope he can find something to use against his victim. That's slippery, reptilian, and gross. Even Ted Cruz isn't that slippery, repitilian, and gross.

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      VoteyMcVotefaceThePartyVoteDriverMr.Noir, Liberal Hippie King
      5/12/16 3:37pm

      He dosen’t give a shit about his public image, if he did he wouldn’t have gone on that Twitter blast a few weeks ago. All he cares about is remaining employed and he or his legal team probably sees this as a way to prove to Sony that he did nothing wrong in case they were trying to fire him under some morals clause or whatever. Whatever his motive is, PR is the last thing on his mind. No one buys albums because of his prodction work.

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      VodkaRocks&aPieceofToastMr.Noir, Liberal Hippie King
      5/12/16 3:37pm

      Too bad a bunch of people will pull the “IF SHE HAS NOTHING TO HIDE WHY NOT RELEASE THE RECORDS?!” card.

      Because no one gives a shit about privacy until their own is at stake

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    Hoyo AfrikaMadeleine Davies
    5/12/16 3:21pm

    The Manhattan judge presiding over Dr. Luke and Kesha’s legal battle has yet to rule.

    They probably will allow it. I'm not surprised they're trying to drag her name thru the mud. Ghomeshi's trial showed me how anti-woman the criminal justice system is (I mean, I already knew this but I had hope).

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      VoteyMcVotefaceThePartyVoteDriverHoyo Afrika
      5/12/16 3:38pm

      This is a civil case, not criminal so the standards are different.

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      meeting people is easyVoteyMcVotefaceThePartyVoteDriver
      5/12/16 3:43pm

      This really needs to be noted somewhere in the article.

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    RenoDakotaMadeleine Davies
    5/13/16 7:30am

    Two things - (1) is he asking for just medical records, or medical AND mental health records? If it’s the latter, his lawyers may have to file a motion under the state’s mental health privacy act to get mental health records, which is different from HIPAA. These motions are not asking the court to publish the records — they’re simply asking for access so the lawyers can defend the case. In a high profile case like this, there would undoubtedly be a protective order entered which covers not only Dr Luke and his attorneys, but the staff at the lawyers’ office as well.

    (2) I haven’t read the complaint, but if Kesha alleges that her damages include medical treatment and emotional damages, then his lawyers are right — the records may be relevant because of the allegations Kesha made.

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      YayaPapaya Optimus MaximusRenoDakota
      5/15/16 11:40pm

      I had to dig all the way down for your response. A lot of people here are just screaming, and its mostly bullshit. =/

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      RenoDakotaYayaPapaya Optimus Maximus
      5/15/16 11:56pm

      People don’t understand the law at all, and it’s a serious issue that, compounded with the high cost of legal representation, impedes access to justice.

      Also, defense lawyers are always villains no matter that they are using well established discovery rules to defend their client (and if they didn’t do it, they would be shitty lawyers). Every time a big corporation or other defendant files its affirmative defenses in a high profile case, the press always cites to them as examples of how corporations are evil. But the press fails to point out that affirmative defenses must be plead at the time the complaint is answered or else they’re waived. So no discovery has been exchanged, and the lawyers have to plead every conceivable affirmative defense before they have gotten the full evidence.

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    chrisbee13Madeleine Davies
    5/12/16 3:18pm

    On the one hand, Dr. Luke is clearly a POS

    On the other, she made her physical and mental injuries an issue in this case and he is therefore entitled to examine the evidence.

    ETA: This is the risk of pursuing civil remedies as opposed to criminal. She’s not suing for the crime of rape/sexual assault. She’s suing for damage it caused to her.

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      Major Lazer Power Blazerchrisbee13
      5/12/16 3:37pm

      are therapists records normally released in sexual assault civil cases? i thought no?

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      chrisbee13Major Lazer Power Blazer
      5/12/16 3:42pm

      The standard for discovery is pretty broad. It’s anything that *could* be relevant. She raised the issue of mental anguish, he’s asking that he be allowed to see therapy records that will potentially support/refute that claim. The judge might not allow them to be submitted as evidence in Court, but I would be shocked if the Court didn’t allow him access to them to help prepare his defense.

      This has nothing to do with sexual assault. This is someone suing for emotional distress damages and this is about evidence surrounding that claim

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    Space_RockerMadeleine Davies
    5/12/16 3:19pm

    FUCK YOU, SHITBAG. This is a blatant attempt to bully her and scare victims into silence and it’s fucking disgusting and I can’t. Regardless of whether or not he is guilty of what she alleges, this is a shitbag move.

    GIF
    GIF
    GIF
    GIF
    GIF
    GIF
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      Rooo sez BISH PLZSpace_Rocker
      5/12/16 4:05pm

      I understand why his attorneys did it.

      That doesn’t, however, make you wrong about your assessment, in my estimation.

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      Space_RockerRooo sez BISH PLZ
      5/12/16 4:08pm

      I agree. Of course any legal team would use resources at-hand in an effort to discredit a plaintiff. But, still........... shitbag.

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    mocenaMadeleine Davies
    5/12/16 3:58pm

    Okay, let’s work through why this is happening. If someone said that you broke their arm, and they say they went to a doctor to have the arm treated, wouldn’t you ask for those records if you were arguing that you never broke their arm? That’s what’s going on here. Yes, it’s shitty from Kesha’s perspective, but it’s probably going to be granted. The records aren’t likely to be released to the press or anything, just to enable Dr. Luke to defend himself against her charges. This is all normal legal wrangling.

    The important lesson here is that doctor-patient confidentiality is not 100% confidential. Ever. If you tell your doctor that you smoke weed and that doctor writes it down (or even if she just remembers you said it) and then you get into a legal dispute where that might be relevant to the other side, there is no confidentiality. Same thing if you get into a lawsuit about sexual abuse.

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      meeting people is easymocena
      5/12/16 11:59pm

      Why are all these comments allllllll the way down in the greys? I wish I knew or could bump them to the top. I think most people are confusing a criminal case with a civil case.

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    bagoflettersMadeleine Davies
    5/12/16 3:21pm

    ETA: I misread the article and assumed he wanted all medical records released due to her claim of physical emotional and sexual trauma, not just her therapists records- Even if she did and there wasn’t any discussion of tearing or anything that would be indicative of blunt trauma it wouldn’t mean that sexual assault did not happen, it would just prove he didn’t leave any marks.

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      meeting people is easybagofletters
      5/12/16 3:28pm

      It’s just like in civil cases they ask you if you keep a diary/journal, and if you say yes, they will tear it apart looking for anything to use against you. No joke.

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