Latest In Case Of Indiana Doctor Who Performed Abortion On 10-Year-Old

INDIANAPOLIS, IN — An Indiana doctor who performed an abortion for a 10-year-old rape victim from Ohio did report the procedure to the state, The Indianapolis Star confirmed after Indiana's attorney general brought the matter into question.

The newspaper reported Thursday that it had obtained documents through a public records request indicating the procedure was disclosed to Indiana’s health and child services departments.

The news comes after Attorney General Todd Rokita announced in an interview on Fox News that his office would investigate whether Dr. Caitlin Bernard had reported the abortion. His plans were unchanged by the Star’s revelation, Rokita said Friday.

“As we stated, we are gathering evidence from multiple sources and agencies related to these allegations,” he said in a prepared statement. “Our legal review of it remains open.”

All abortions in Indiana must be reported to the state with specifics about whether the patient sought the abortion due to abuse. Medical providers have 30 days to report abortions for patients 16 and older but only three days to do so for younger patients.

Bernard, who is based in Indianapolis, performed the abortion June 30 and filed a “terminated pregnancy” form July 2 with the state, the Star reported.

“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," Bernard's attorney, Kathleen Delaney, said in a prepared statement Thursday. "She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer."

On Friday, Delaney sent a cease-and-desist letter to Rokita.

"Please immediately cease and desist making any false or misleading statements about Dr. Bernard," said the letter, which accused Rokita of defamation, misleading the public, and making statements with the potential to incite harassment.

The attorney general's office stood by Rokita's comments Friday.

“Like any correspondence, it will be reviewed if and when it arrives," a spokesperson said of the cease-and-desist letter. "Regardless, no false or misleading statements have been made.”

Abortion is banned at six weeks in Ohio with exceptions only for life endangerment or severely compromised health, but the procedure is legal until 22 weeks in Indiana, according to the Guttmacher Institute. However, that could change for Hoosiers after a special legislative session later this month.

The recent cross-state abortion became international news in the wake of the U.S. Supreme Court's decision last month to overturn Roe v. Wade. The abortion was mentioned last week by President Joe Biden, but Ohio Attorney General Dave Yost said in a Fox News appearance Monday he had heard "not a whisper" about the case. The next day, 27-year-old Gershon Fuentes, of Columbus, was arrested and charged with felony rape, having admitted to twice raping the girl, according to the Columbus Dispatch.