In Usher’s legal docs, obtained by TMZ, he notes her lawsuit says nothing about whether she had been tested prior to their alleged sexual encounter. He says, “A previous sexual partner very well may have already infected her.”
And, Usher says, she could have contracted the STD after their alleged encounter.
And he takes another shot, saying she assumed the risk of getting herpes by having “casual, unprotected sexual intercourse and/or oral sex.”
TMZ also notes that it’s interesting … Usher did not attack the lawsuit by saying he couldn’t have given her herpes.
In addition, Usher’s lawyer grouses the woman is suing under a pseudonym, claiming there’s no cause for her to secretly file her lawsuit.
He’s asking the judge to throw out her lawsuit.