By Ryan Mavity | Apr 13, 2015

Dover A Delaware Superior Court judge is expected to rule within 90 days on a motion for summary judgment in a civil sexual-assault case against former Sussex County Councilman Vance Phillips.

Phillips did not appear at the April 13 hearing in Dover. In previous depositions Phillips has consistently invoked his Fifth Amendment right not to incriminate himself.

Brian Brittingham, attorney for Phillips accuser, Katelynn Dunlap, said Phillips silence is telling, as he has not refuted accusations that Phillips sexually assaulted Dunlap 10 times in different locations starting May 9, 2011, and continuing through July.

According to Dunlaps lawsuit, the relationship between the now 21-year-old Lincoln woman and the then-Sussex councilman began in 2010 when Dunlap was 16. When Dunlap turned 18 in April 2011, Phillips was 48; the lawsuit says at that point, the relationship took a sexual turn. On May 9, the lawsuit said, Dunlap met Phillips in the parking lot of a Georgetown dental office, where Dunlap alleges Phillips tried to have sex with her and then threatened her if she told anyone.

Despite ample opportunity, the defendant wholly failed to address the claims at issue, Brittingham said. He said Phillips has consistently invoked the Fifth Amendment to avoid addressing Dunlaps allegations. He also invoked the Fifth Amendment to avoid answering questions not related to the allegations, such as when Phillips and his wife divorced.

Defense attorney Kurt Heyman said the court could not infer guilt from Phillips decision to invoke his Fifth Amendment rights. He said Dunlap has made inconsistent statements and has changed her story numerous times.Heyman said at one point, Dunlap said some of the encounters with Phillips were consensual, but she later changed her story to say she was sexually assaulted.

Brittingham said Dunlaps inconsistencies are explained by the fact that she was fearful, confused, shamed and intimidated by Phillips. He said Dunlap was scared of retaliation by Phillips and had an emotional breakdown.

While Heyman said the case hinges on Dunlaps credibility, Brittingham said third parties, including family and Delaware State Police officers, support Dunlaps credibility. Brittingham said a reasonable jury would find Dunlaps claims to be true and award her damages.

The April 13 arguments were a subdued affair, with only Dunlaps family attending the proceedings. Dunlap is seeking punitive damages and legal fees. Judge William Witham offered no timetable for when he would rule on the motion, but Heyman said he would have 90 days to make a ruling. If Witham does not grant the motion, the case would head to trial.

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Phillips declines to face his accuser