2022 Ohio child-rape and Indiana abortion case

Last updated

2022 Ohio child rape case
Location Columbus, Ohio, U.S.
DateMay 2022;1 year ago (2022-05)
Attack type
 Child rape
Victim9-year-old girl
PerpetratorGerson Fuentes
Verdict Pleaded guilty
Convictions First-degree rape (2 counts) [1]
Sentence Life imprisonment with the possibility of parole after 25 to 30 years

On June 30, 2022, a ten-year-old girl from Columbus, Ohio, United States, traveled to Indiana to get an abortion because abortion law in Ohio did not provide an exception for minor children who became pregnant because of rape. [2] [3] [4] [5] Her case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs v. Jackson Women's Health Organization , which overturned Roe v. Wade and allowed states, including Ohio, to impose substantial limitations on abortion.

Contents

The girl had become pregnant in May 2022 when she was still nine years old. Her case was reported to the Columbus Division of Police on June 22, 2022. [Note 1] [3] During the ensuing law enforcement investigation, a 27-year-old man was arrested and charged with two felony counts of rape. [2] [3] [6] He pled guilty in July 2023. [7] The office of the Indiana Attorney General investigated the Indiana physician who performed the procedure, and referred the matter to Indiana's medical licensing board, which heard her case on May 25, 2023. [8]

Criminal proceedings

On June 22, 2022, the Children's Services department of Franklin County, Ohio, notified the Columbus Division of Police about a 10-year-old girl who was pregnant. She traveled to Indianapolis, Indiana where she underwent a medication abortion on June 30. [3] [9]

On July 12, 2022, a criminal complaint was filed with the Franklin County Municipal Court which alleged that the child was raped in mid-May 2022 (when the girl was nine years old) and that she identified a suspect to law enforcement in early July. [10] According to the complaint, the suspect allegedly confessed when detectives brought him to police headquarters for a saliva test. [10] [6] The suspect appeared in the Franklin County municipal court for arraignment on July 13, 2022, and pleaded not guilty to the charges. [3] His trial was scheduled to begin on July 5, 2023. The man is reportedly an undocumented immigrant from Guatemala. [11]

In July 2023, the perpetrator, Gerson Fuentes, age 28, pleaded guilty to the charges. He was given a life sentence and must serve at least 25 years in prison before he is eligible for parole. [12]

Political reactions

On July 1, 2022, The Indianapolis Star reported that a ten-year-old girl who had been raped traveled from Ohio to Indiana to have an abortion. [3] President Joe Biden highlighted the case in remarks at the White House on July 8, 2022, stating: "She was forced to have to travel out of the state to Indiana to seek to terminate the pregnancy and maybe save her life. Ten years old—10 years old!—raped, six weeks pregnant, already traumatized, was forced to travel to another state". [13]

Some right-leaning politicians and media sources initially called the story a hoax; Dave Yost, the Ohio Attorney General, doubted early reports of the incident, saying, "Every day that goes by, the more likely that this is a fabrication." [14] After news of the arrest of the alleged rapist validated the Star's story, these sources did not apologize for claiming the story was a hoax. [15] Ohio Congressman Jim Jordan cited Yost in tweet, stating that the claim was "another lie", and then later deleted the tweet. [16] James Bopp, the general counsel for the National Right to Life Committee, said in an interview that the girl should have carried her child to term, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child". [17] Bopp's comment led to ire from several left-leaning politicians and media sources, deriding Dobbs and the stance taken by the right. [15] Governor of South Dakota Kristi Noem also commented on the case, saying that "I don't believe a tragic situation should be perpetuated by another tragedy." [18]

Yost, despite his initial doubts about the case, applauded the arrest of the alleged rapist. [19] Yost also asserted at that time that Ohio law on the matter had been misconstrued, and that the girl could have received an abortion in the state if a treating physician deemed it a medical emergency, even if it was not life-threatening. [20] Yost revisited his comments on the case in December 2022, following his reelection, stating his regrets that "what I said was not what people heard, and what people heard created a lot of pain", and describing himself as having "nothing in my heart but compassion and grief for what that little girl went through". [21]

As of 2023, the incident is still referenced by both sides as an extreme test case for anti-abortion legislation. In April 2023, the head of Cincinnati Right to Life, Laura Strietmann, commented that the girl should have been forced to give birth, explaining that although “a pregnancy might have been difficult on a 10-year-old body, a woman’s body is designed to carry life," and that abortion rights should not be brought to a public vote. [22]

Indiana investigation

The New York Times , noting the controversy sparked by the case, reported on the increased probability of medical complications due to pregnancy at a young age, stating that "prominent abortion opponents suggested the child should have carried her pregnancy to term", but that "midwives and doctors who work in countries where pregnancy is common in young adolescent girls say those pushing for very young girls to carry pregnancies to term may not understand the brutal toll of pregnancy and delivery on the body of a child". [23] The Indiana physician who performed the procedure, Caitlin Bernard, reported it as required by state law. [24] Todd Rokita, the Indiana Attorney General, then announced an investigation into Bernard, [25] [26] stating that the doctor "used a 10-year-old girl—a child rape victim's personal trauma—to push her political ideology", and further asserting that she was "aided and abetted by a fake news media who conveniently misquoted my words to try to give abortionists and their readership numbers an extra boost". [25] In an August 17 opinion piece published in The Wall Street Journal , Rokita characterized an investigation into the doctor as aimed at protecting patient privacy. [27] In late May 2023, the Indiana Medical Licensing Board voted to reprimand Bernard on the charge of violating patient privacy by discussing the case, fining her $3,000. [28] [29] The board voted to clear Bernard of two other charges, finding that she "did not improperly report child abuse and that she is fit to practice medicine". [28]

Indiana University Health, where Bernard had admitting privileges, reported conducting an internal investigation, and finding the doctor to be in compliance with privacy laws. [25] The doctor also reported receiving harassment due to having performed the procedure. [30] [31] NPR reported that following this incident, a substantial percentage of OB-GYN medical residents in Indiana were contemplating leaving the state due to Indiana having a general ban on performing abortions and due to the way Bernard's actions were being scrutinized. [32]

In November 2022, Bernard sued Rokita for launching a frivolous investigation. [33] On November 30, Rokita requested that the Indiana state medical licensing board take disciplinary measures against Bernard. Rokita said that Bernard failed to tell authorities that the 10-year-old girl was abused, and also spoke to the news media about the treatment she provided, which Rokita said violates medical privacy laws. [34] The court ruled that Rokita had improperly publicly discussed the case before complaints were filed. [35] While Bernard attempted to drop the suit, Rokita moved to keep it open in protest of the court's ruling. [8]

In February 2023, the disciplinary commission launched an investigation into Rokita. [36] In September 2023, the commission filed professional misconduct charges against Rokita. [37] Two charges pertained to his July 2022 comment to the media that Bernard was an "abortion activist acting as a doctor, with a history of failing to report"; the commission alleged that Rokita's comment had "no substantial purpose other than to embarrass, delay, or burden", and that Rokita's comment was an "extrajudicial statement" that Rokita "should reasonably know" would spread publicly and would have a "substantial likelihood of materially prejudicing an adjudicative proceeding in the matter." [37] [38] The third charge alleged that Rokita violated his "duty of confidentiality" due to public statements made before referring Bernard to the medical board. [38] Rokita responded that the situation was one "that 'cancels' non-compliant citizens through intimidation as well as tactics that can weaponize our respected institutions", and also argued that the duty of confidentiality may only apply to his employees and not him, the attorney general. [37]

Also in September 2023, Rokita sued Bernard's employer, hospital system IU Health, claiming that it had failed to protect the 10-year old's privacy. [39]

See also

Notes

  1. ↑ At 9 years old, well below the legal age of consent of 16 under Ohio state law for a person to be legally competent to consent to sexual intercourse, the girl's case prompted a rape investigation by the authorities. In Ohio, a person who engages in sexual conduct with a minor under age 13 is guilty of the first degree felony of rape per Ohio Revised Code Title 29, Section 2907.02.

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References

  1. ↑ "Offender Details".
  2. 1 2 Bruner, Bethany; Trombly, Monroe; Cook, Tony (July 13, 2022). "Arrest made in rape of Ohio girl that led to Indiana abortion drawing international attention" . The Columbus Dispatch. Retrieved August 5, 2022.
  3. 1 2 3 4 5 6 Izadi, Elahe (July 28, 2022). "How local journalists proved a 10-year-old's abortion wasn't a hoax" . The Washington Post .
  4. ↑ Bushard, Brian (July 22, 2022). "Ohio Man Indicted For Raping 9-Year-Old Who Was Forced To Travel To Indiana For Abortion". Forbes. Retrieved January 2, 2023.
  5. ↑ Sasani, Ava (July 13, 2022). "Suspect is Arrested in Ohio After Rape of 10-Year-Old Girl" . The New York Times.
  6. 1 2 Da Silva, Chantal (July 22, 2022). "Man indicted in rape of Ohio girl, 10, who traveled to Indiana for abortion". NBC News .
  7. ↑ WSYX Staff (April 19, 2023). "Gerson Fuentes case continued until summer". WSYX. Retrieved April 20, 2023.
  8. 1 2 Charron, Cate (April 11, 2023). "Dr. Bernard tries to dismiss lawsuit against Rokita. He wants his day in court". The Indianapolis Star. Retrieved April 20, 2023.
  9. ↑ Bauder, David (July 14, 2022). "Ohio rape shows how a story can spread faster than facts". AP News . Bernard reported a June 30 medication abortion for a 10-year-old patient to the state health department on July 2, within the three-day requirement set in state law for a girl younger than 16
  10. 1 2 Deliso, Meredith (July 13, 2022). "Man charged in rape of Ohio 10-year-old who police say later traveled across state lines for abortion". ABC News. Retrieved January 3, 2023. A complaint filed in Franklin County Municipal Court on Tuesday alleges that the victim was raped in mid-May and that she identified her assailant to Columbus police earlier this month... the suspect... was arrested on Tuesday and allegedly confessed to the rape when detectives brought him to police headquarters for a saliva test, according to the complaint.
  11. ↑ "Gerson Fuentes case continued until summer". WTTE. April 19, 2023.
  12. ↑ "Rapist of 10-year-old girl who traveled to Indiana for abortion gets 25 years in prison". USA TODAY. Retrieved July 6, 2023.
  13. ↑ Alfaro, Mariana (July 8, 2022). "Biden decries case of 10-year-old rape victim forced to travel for abortion" . The Washington Post .
  14. ↑ Bischoff, Laura (July 14, 2022). "Ohio AG Dave Yost cast doubt on 10-year-old rape victim case, now 'rejoices' at arrest". USA Today . Retrieved July 16, 2022.
  15. 1 2 Robertson, Katie (July 14, 2022). "Facts Were Sparse on an Abortion Case. But That Didn't Stop the Attacks" . The New York Times . Retrieved July 16, 2022.
  16. ↑ Halaly, Alan (July 13, 2022). "Jim Jordan Quietly Deletes Tweet Calling 10-Year-Old's Abortion a 'Lie'". The Daily Beast.
  17. ↑ Messerly, Megan; Wren, Adam (July 14, 2022). "National Right to Life official: 10-year-old should have had baby". Politico . Retrieved July 16, 2022. The 10-year-old Ohio girl who crossed state lines to receive an abortion in Indiana should have carried her pregnancy to term and would be required to do so under a model law written for state legislatures considering more restrictive abortion measures, according to the general counsel for the National Right to Life.
  18. ↑ Helmore, Edward (July 3, 2022). "10-year-old rape victim forced to travel from Ohio to Indiana for abortion". The Guardian. Retrieved September 6, 2022.
  19. ↑ Tobias, Andrew J. (July 22, 2022). "The consequences of Dave Yost's and other Republicans' handling of 10-year-old's rape case: Analysis". cleveland.com. Retrieved August 5, 2022.
  20. ↑ Merrell, Amanda (July 14, 2022). "Ohio attorney general said 10-year-old rape victim could have had abortion in Ohio, but state law isn't clear". WEWS.
  21. ↑ Smyth, Julia Carr (December 19, 2022). "Ohio attorney general revisits comments on girl's abortion". AP News .
  22. ↑ Cheung, Kylie (April 19, 2023). "Anti-Abortion Activist on 10-Year-Old Rape Victim: 'A Woman's Body Is Designed to Carry Life'". Yahoo News. Retrieved April 20, 2023.
  23. ↑ Nolen, Stephanie (July 18, 2022). "What Pregnancy and Childbirth Do to the Bodies of Young Girls" . The New York Times.
  24. ↑ Paúl, María Luisa (July 15, 2022). "Record shows Indiana doctor fulfilled duty to report 10-year-old's abortion" . The Washington Post .
  25. 1 2 3 "Indiana investigates abortion doctor who treated 10-year-old rape victim". The Guardian. July 27, 2022.
  26. ↑ Boxer, Sarah; Babineau, Andi; Frehse, Rob (July 27, 2022). "Indiana attorney general is investigating the doctor who provided abortion services for a 10-year-old Ohio rape victim, doctor's lawyer says". CNN.
  27. ↑ "Indiana AG Responds on Abortion-Doctor Case". The Wall Street Journal . August 17, 2022.
  28. 1 2 Bellware, Kim; Rosenzweig-Ziff, Dan (May 26, 2023). "Indiana board fines doctor for discussing rape victim's abortion". The Washington Post .
  29. ↑ McCammon, Sarah (May 26, 2023). "Indiana reprimands doctor who spoke publicly about providing 10-year-old's abortion". NPR .
  30. ↑ "Indiana doctor says she has been harassed for giving an abortion to a 10-year-old". NPR . July 27, 2022.
  31. ↑ Kirchgaessner, Stephanie (July 16, 2022). "Daughter of doctor who gave 10-year-old an abortion faced kidnapping threat". The Guardian.
  32. ↑ Yousry, Farah (August 15, 2022). "OB-GYN residents want to quit in Indiana after state's abortion law, harassment". NPR .
  33. ↑ Ramirez, Nikki McCann (November 3, 2022). "Doc Who Provided Abortion to 10-Year-Old Rape Victim Sues Indiana AG". Rolling Stone .
  34. ↑ "Penalty asked for doctor who spoke of 10-year-old's abortion". WDRB . Retrieved November 30, 2022.
  35. ↑ "Indiana medical board sets doctor's hearing in abortion case". WLFI News 18 . January 4, 2023.
  36. ↑ Smith, Brandon (February 9, 2023). "Rokita under investigation by state disciplinary commission". Indiana Public Media.
  37. 1 2 3 Carloni, Brittany; Dwyer, Kayla (September 18, 2023). "Todd Rokita faces misconduct complaint for comments regarding 10-year-old rape victim". Indianapolis Star . Retrieved September 19, 2023.
  38. 1 2 Amato, Kymmi (September 18, 2023). "Supreme Court Disciplinary Commission files disciplinary complaint against Attorney General Todd Rokita". WFFT . Retrieved September 19, 2023.
  39. ↑ "Indiana attorney general sues hospital system over privacy of Ohio girl who traveled for abortion". Associated Press . September 18, 2023. Retrieved September 19, 2023.
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