But in court documents obtained by BOSSIP, Usher said Helm hasn’t proved that he gave her herpes and maintains that she assumed the risks when she engaged in “unprotected, casual consensual sex,” and didn’t require Usher to wear a condom.
Usher contended that Helm’s diagnosis wasn’t his fault and intimated that she may have contracted the STD from another partner before they had sex. He said Helm didn’t say in her complaint whether they’d discussed STD’s before they had sex. And he claimed that just because Helm didn’t have any symptoms of the virus before they had sex doesn’t mean she didn’t actually have herpes, as the virus can be asymptomatic.
The artist said he didn’t owe Helm a “duty of care,” and she knew the risks that come with unprotected sex.
Usher wants Helm’s suit dismissed and for her to pay his lawyers fees.
A judge has not yet ruled on the case.