ELECTRONICALLY FILED - 2018 Nov 05 9:12 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2305138

STATE OF SOUTH CAROLINA ) COURT OF COMMON PLEAS

)
COUNTY OF GREENVILLE ) Civil Action No. 2018-CP-23-05138
)
Melvin K. Younts, )
) ANSWER AND COUNTERCLAIM
Plaintiff, )
) Jury Trial Demanded
v. )
)
Rebecca S. Heiss, )
)
Defendant. )

Defendant Rebecca S. Heiss, Ph.D. (“Dr. Heiss”) hereby answers Plaintiff’s Complaint

below. Dr. Heiss denies each allegation that is not specifically admitted below.

1. Dr. Heiss admits the allegations contained in Paragraph 1.

2. Dr. Heiss denies the allegations contained in Paragraph 2.

3. In response to Paragraph 3, Dr. Heiss admits that she truthfully reported to the

appropriate law enforcement authorities that Plaintiff Melvin Younts sexually assaulted her. Heiss

denies the remaining allegations contained in Paragraph 3.

4. Dr. Heiss denies the allegations contained in Paragraph 4. Further answering,

Melvin Younts has damaged his own reputation by sexually assaulting Dr. Heiss, denying such

assault to the police, and then frivolously suing Dr. Heiss for reporting Younts’ sexual assault as

a way to bully and to silence a victim of his own unlawful and vile actions. Further answering,

Younts’ ill-advised decision to bring a lawsuit against the victim of his own sexual assault is

especially tone-deaf in today’s #MeToo environment, where the abusive actions of powerful and

well-connected people are no longer tolerated or swept under the rug while those who are

victimized remain fearfully silent.

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5. Dr. Heiss denies the allegations contained in Paragraph 5. Further answering,

Younts’ previous philanthropic endeavors do not excuse his abuse and assault of others such as

Dr. Heiss.

6. Dr. Heiss denies the allegations contained in Paragraph 6.

7. In response to Paragraph 7, Dr. Heiss admits that her truthful allegations have been

made public, both through proper reporting of Younts’ sexual assault to the police and through

Facebook. Dr. Heiss admits that the Greenville News conducted an investigation into Younts’

misconduct and published its findings in an article. Dr. Heiss denies the remaining allegations

contained in Paragraph 7.

8. Dr. Heiss denies the allegations contained in Paragraph 8.

9. Dr. Heiss denies the allegations contained in Paragraph 9.

10. Dr. Heiss denies the allegations contained in Paragraph 10.

FOR A FIRST DEFENSE

(Rule 12(b)(6))

11. Plaintiff’s Complaint fails to state facts sufficient to set forth a cause of action, and

therefore, Plaintiff’s Complaint should be dismissed in its entirety.

FOR A SECOND DEFENSE

(Bad Faith)

12. Plaintiff’s actions in bringing these frivolous legal claims against Dr. Heiss have

been made in bad faith.

FOR A THIRD DEFENSE

(No Damage)

13. Plaintiff has suffered no cognizable damages and therefore cannot maintain the

present action against Dr. Heiss.

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FOR A FOURTH DEFENSE
(Truth)

14. All statements made by Dr. Heiss regarding Melvin Younts’ sexual assault of Dr.

Heiss are truthful.

FOR A FIFTH DEFENSE

(Reservation)

15. Dr. Heiss contends that she cannot fully anticipate all affirmative defenses that may

be applicable to this action based on the conclusory terms in Plaintiff’s Complaint. Accordingly,

Dr. Heiss expressly reserves the right to assert additional affirmative defenses if and to the extent

such affirmative defenses become applicable.

FOR A SIXTH DEFENSE AND BY WAY OF COUNTERCLAIM

(Assault and Battery)

16. Dr. Heiss incorporates all responses above fully and completely as if contained

herein.

17. In July 2018, Dr. Heiss met with Younts at his office. Dr. Heiss was seeking advice

from Younts on raising funds to support a business venture. It was a Friday, and the office was

empty.

18. After Younts mentioned some health complications with his wife, Dr. Heiss

responded that they were neighbors and offered her help, such as providing meals, if needed.

Younts was quite interested in the fact that Dr. Heiss lived nearby and he kept returning to that

fact obsessively. Younts questioned Dr. Heiss repeatedly about her exact location in the

neighborhood before asking Dr. Heiss whether she had any “boyfriends or regular visitors” he

needed to know about. After some actual business talk, Younts again turned the conversation back

to the fact that Dr. Heiss lives near him.

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19. As Dr. Heiss got up to leave, she gave Younts her business card. Dr. Heiss is a

professional speaking on self-awareness and mindfulness, and as a result, her business card carried

the phrase, “breaking through blind spots.” When Younts saw that phrase, he chuckled and said,

“Maybe some time I’ll come by your house and you can help me find my blind spots and I’ll help

you find yours, if you know what I mean.” Dr. Heiss was disgusted by his dirty comments, but

Younts was not done. He said, “I’ll bring some vodka, we can have a few drinks, have a good time,

one thing leads to another and you know…we can just go from there and see what happens.”

20. Dr. Heiss realized where Younts was heading with his sexually suggestive

comments and attempted to leave quickly. But as she left, Younts pulled her into a bear hug. Dr.

Heiss attempted to keep her body as far from Younts’ as possible, but Younts had other intentions.

“A little kiss,” Younts said, as he forced an open mouth kiss upon Dr. Heiss, who attempted to pull

away. Younts stuck his tongue into Dr. Heiss’s mouth and pawed at her breast.

21. Once Dr. Heiss was able to pull away from Younts, she headed quickly to the door.

Younts followed her and said, laughing, “The walking queen, mmmm, I love to watch you walk

away. It turns me on.” (Younts’ wife was on her deathbed at this time.)

22. Dr. Heiss jumped in her car, and again, Younts followed her, asking her about her

car so he could drive by her house later and see if she was home. Dr. Heiss was in shock and just

wanted to get away from her assailant.

23. Dr. Heiss finally escaped and headed home in a panic.

24. Younts was not done. Over the next several days, he repeatedly called Dr. Heiss

and left voicemails, and then began driving by her house, stalking her.

25. After discussing the matter friends, Dr. Heiss reported the matter to police a few

weeks later.

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26. Younts’ actions placed Dr. Heiss in reasonable fear of bodily harm.

27. By grabbing Dr. Heiss, forcibly sticking his tongue in her mouth, and grabbing her

breast, Younts inflicted forcible physical contact on Dr. Heiss.

28. Younts’ sexual assault of Dr. Heiss caused Dr. Heiss to suffer damages.

29. Dr. Heiss seeks nominal actual damages in addition to punitive damages.

WHEREFORE, having fully answered Plaintiff’s Complaint, Dr. Heiss asks this Court to

dismiss Plaintiff’s complaint, award attorneys’ fees and costs to Dr. Heiss, and to award Dr. Heiss

nominal actual damages and to award punitive damages for Dr. Heiss’s counterclaim, and for such

other and further relief as the Court and jury deem necessary.

Respectfully Submitted,

Horton Law Firm, P.A.

s/ Jeremy R. Summerlin
Jeremy R. Summerlin
S.C. Bar No. 101383
jsummerlin@hortonlawfirm.net
W. Andrew Arnold
SC Bar No. 65311
aarnold@ hortonlawfirm.net
307 Pettigru Street
Greenville, SC 29601
864.233.4351 864.233.7142 fax

Attorneys for Defendant Rebecca S. Heiss

November 5, 2018

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