It goes on to claim that Swift "was surprised, upset, offended, and alarmed" -- then, she had to go out and put on a show in front of 13,000 people.
"I think the lawyers, the judge and any potential jury is gonna want to know why didn't she make a police report at the time this occurred," criminal defense lawyer Michael Kraut, who is not connected to the case, tells ET.
The legal drama dates back to September, when Mueller filed suit against Swift. Mueller claimed he was fired from his job on false allegations that he groped her.
"Here's the issue, she's being sued and she's using this either as a defense or a legitimate claim against him," Kraut says. "Either way, it starts counterbalancing the issues that are before the jury."
Swift has said that if she wins her countersuit, she will donate any money received to "charitable organizations dedicated to protecting women from similar acts of sexual assault and personal disregard."