Indiana doctor who performed abortion for 10-year-old reported procedure, records show; AG looking into OB-GYN
INDIANAPOLIS — The Indiana doctor who provided an abortion to a 10-year-old rape victim from Ohio did report the procedure with a form filed with the Indiana Department of Health and the Department of Child Services, records show.
The records, obtained by The Indianapolis Star, part of the USA TODAY Network through a public records request, show that Dr. Caitlin Bernard reported the abortion before the state's reporting deadline and that she disclosed the child had suffered abuse — after the state's attorney general called into question whether Bernard had properly reported the disturbing case.
Indiana Attorney General Todd Rokita claimed Bernard had “a history of failing to report” in his roughly 2-minute appearance on “Jesse Watters Primetime" on Fox News. Rokita did not provide any evidence to back up his claims.
Despite the newly disclosed form, Rokita said Thursday he plans to forge ahead with his investigation.
“As we stated, we are gathering evidence from multiple sources and agencies related to these allegations," he said in an emailed statement. "Our legal review of it remains open.”
State court data shows no criminal charges have been filed against Bernard. The Marion County Prosecutor's Office said it had not received any allegations that she failed to report the case of the 10-year-old.
LATEST: Arrest made in rape of 10-year-old girl from Ohio that led to Indiana abortion
The story has drawn international attention this month as states like Ohio moved to restrict abortion access following the U.S. Supreme Court’s decision to overturn Roe v. Wade. Ohio banned nearly all abortions after the detection of fetal cardiac activity last month, leading the child to travel across state lines to get an abortion, a disturbing story first reported by the Indianapolis Star.
Health care providers also have to report abortions they perform to the Indiana Department of Health, including whether the patient indicated they were seeking an abortion as a result of being abused, coerced, harassed or trafficked.
Bernard filed the required abortion disclosure, known as a "terminated pregnancy" form, on July 2, two days after she performed the girl's abortion, according to a copy of the form IndyStar received Thursday from the state health department. State law requires the forms to be filed within three days for patients under age 16.
The form shows Bernard indicated the girl was seeking an abortion as a result of being abused. Kathleen Delaney, an attorney for Bernard, sent the following statement.
“My client, Dr. Caitlin Bernard, took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician," Delaney wrote in an email. "She followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients. She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer. We are considering legal action against those who have smeared my client, including Indiana Attorney General Todd Rokita, and know that the facts will all come out in due time.”
IndyStar has requested a response from Rokita's office.
Although Ohio Attorney General Dave Yost initially questioned the validity of the account during an appearance on Watters' show, prosecutors in Ohio have charged Gerson Fuentes with rape after he allegedly told police he raped the child on two occasions. He was arrested Tuesday, the Columbus Dispatch, also part of the USA TODAY Network, reported.
Columbus police said they were made aware of the girl's pregnancy on June 22 after her mother reported it to Franklin County Children Services. She received the abortion in Indianapolis on June 30.
"My heart breaks for all survivors of sexual assault and abuse," Bernard said on Twitter Wednesday. "Doctors must be able to give people the medical care they need, when and where they need it."
ROE V. WADE RULING: How many young girls get pregnant by rape isn't known, experts say. But the health risks are clear.
Experts call Rokita's statements a political move
Rokita is known as a socially conservative firebrand, unafraid to clash with those who are more moderate within his own party, including Gov. Eric Holcomb. Republicans believe he could eventually seek a higher office, such as the governor's office or the Senate.
Marjorie Hershey, a professor emeritus of political science at Indiana University, called Rokita's appearance on Fox News political.
“This sounds like a part of Mr. Rokita’s next campaign for whatever higher office he has in mind,” Hershey said. “It is a series of talking points from the far-right wing of the Republican party in the guise of comments on a very sad situation.”
During the Fox News segment, Rokita also railed against what he called “fake news” and called the situation an "illegal immigration" issue because the man who was charged with raping the 10-year-old was not believed to be in the country legally. According to the Columbus Dispatch the man had lived in Columbus for the past seven years and had a job at a café.
FEDERAL ACTION: Biden announces steps to protect abortion access, but advocates urge him to do more
SUSPECT CONFESSES: Arrest made in rape of 10-year-old girl from Ohio that led to Indiana abortion
Chad Kinsella, a Ball State University political science professor, shared similar sentiments to Hershey saying that Rokita used his Fox News appearance to “stand out” in a potentially crowded Republican primary.
“Indiana has become a fairly red state,” Kinsella said. “It could be argued that winning the Republican primary is now the key hurdle to winning a senate or gubernatorial seat. … This is a way to be seen by the social conservatives and pro-life conservatives as a champion.”
Kinsella added that the attorney general position has become a “major way” for people to move forward politically, giving Texas Gov. Greg Abbott as an example.
Andy Downs, a political science professor at Purdue University Fort Wayne, said Rokita’s Fox News appearance may help him with conservative voters, but could be a liability long term. A 2019 Old National Bank and Ball State University Hoosier Survey found that only 17% of people from Indiana think abortion should be illegal in all cases. Rokita could be appealing to that small group, but lose support from those who have more nuanced views on abortion, Downs said.
"Gather the evidence first before you speak too authoritatively," Downs said. "So it may not help him in terms of long-term support."
In the short term, Downs said Rokita's comments could impact the debate among Indiana lawmakers who are preparing to restrict abortion access when they convene for a special session on July 25. Legislative leaders have not said how far they'll restrict abortion, but a large point of contention is centered around if there should be exceptions for rape in any sort of abortion ban.
WHAT WE KNOW: 10-year-old travels to Indiana for abortion and Columbus man arrested
Contact Lizzie Kane on Twitter @lizzie_kane17.
This article originally appeared on Indianapolis Star: Todd Rokita looking into Indiana doctor in 10-year-old abortion case
