Indy Star: Abortion doctor did file forms with appropriate agencies after 10 year old's abortion

AP Photo/J. Scott Applewhite

This is a tragic story all the way around. The story of a 10-year-old rape victim who has to travel from her home in Ohio to Indianapolis to get an abortion is beyond horrific. And it keeps getting worse.


The first problem was with the original reporting of the story by the Indianapolis Star. It was shoddy and the story ran with only a single source. From the start, it was suspicious because it was so close after the Supreme Court overturned Roe v Wade. It sure looked like it was a story meant to drive home the serious consequences that can happen if exceptions are not made in abortion law. In this child’s case, she lives in Ohio where the state’s current abortion law does not have an exception for rape. So she was taken to Indiana. An OB-GYN in Indianapolis, Dr. Caitlin Bernard, performed the abortion.

Bits of information have come out since the story was published that are very concerning, besides the abortion itself. The first fact is that her rapist is a 27-year-old man who confessed to raping her at least twice. The girl has only recently turned 10 years old so that means he was raping her when she was only nine. The man is allegedly an illegal alien. And now it looks as though her mother is trying to protect the man. My colleague at NewsBusters, Jorge Bonilla, tweeted out a video that shows the mother hiding behind a door and speaking to a reporter.


This video begs the question – is the mother illegal, too? Is she in a relationship with the man and doesn’t want to rock the boat? What the hell is happening in that house and who is looking out for that child?

The Indy Star filed a public records request to find out if Dr. Bernard properly reported the case. According to the doctor’s attorney, the answer is yes. Attorney General Rokita isn’t stopping his investigation.

Indiana Attorney General Todd Rokita and some news outlets have called into question whether Dr. Caitlin Bernard, the Indianapolis OB-GYN who performed the procedure, properly reported the disturbing case, which has become a flashpoint in the national debate over abortion.

An attorney for Bernard said the doctor followed the law and made the appropriate disclosures. She said Bernard is considering legal action against those who have “smeared” her.

Rokita told Fox News on Wednesday that his office was investigating whether Bernard had failed to report the abortion and sexual abuse as required by Indiana law. His comments came one day after Ohio police arrested a 27-year-old man who they say admitted to raping the child.

“We’re gathering the evidence as we speak, and we’re going to fight this to the end, including looking at her licensure,” Rokita said. “If she failed to report it in Indiana, it’s a crime for — to not report, to intentionally not report.”

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.”


Another question is how did Dr. Bernard get involved in the first place? Was Indianapolis the nearest big city and her name popped up because it looks like she participates in abortion rights activism?

After criminal charges were announced Tuesday, the focus shifted from trying to verify if the story was true or not to whether or not Dr. Bernard filed the proper disclosures. Indiana law requires abortions to be reported by providers within three days, including if the patient indicates abuse, coercion, harassment, or trafficking. It is a misdemeanor if the paperwork isn’t filed.

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, said in a statement that her client “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician.”

“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,” Delaney said. “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.”

Columbus, Ohio, police said they were made aware of the girl’s rape on June 22 through a referral by Franklin County Children Services that was made by her mother. Bernard has said she was contacted about the abortion five days later on June 27.


It’s a horrible story. I don’t understand a lot of the story. Why were eight days allowed to go by between the time the rape was reported and the abortion? Was the slow-walking deliberate to coincide with the time window in Ohio? She is reported as being six weeks pregnant. The mother trying to protect the man is not good. Why hasn’t she filed charges against him? At the very least he should be imprisoned for a very long time. And then he should be deported. He isn’t fit for civil society. He confessed so I don’t have to say allegedly, right? Also, on the disclosure form, an age for the father had to be provided. An approximate age. The doctor recorded his age as 17. That would make him a minor, too. He’s 27. Doesn’t that raise a red flag?

Here is a timeline from the Indy Star:

June 22: Police in Columbus, Ohio, are made aware of the girl’s rape through a referral by Franklin County Children Services that was made by her mother, according to police.

June 24: U.S. Supreme Court overturns Roe v. Wade. An Ohio law restricting abortions when fetal cardiac activity is detectable goes into effect.

June 27: Bernard receives call from a child abuse doctor in Ohio seeking an abortion for a 10-year-old who had been raped, according to what Bernard previously told IndyStar.

June 30: Abortion is performed.

July 2: Bernard files the required “terminated pregnancy form” with the Indiana Department of Health and the Department of Children Services.


We know a 10-year-old had to travel out of state to get an abortion because Roe v Wade was overturned. Other than that, there are still some questions that should be answered. Most importantly, who is looking out for the child?

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