INDIANAPOLIS (AP) — An Indianapolis doctor who performed an abortion on a 10-year-old rape victim from Ohio took the first step Tuesday toward suing Indiana’s attorney general for defamation.
Dr. Caitlin Bernard, an Indianapolis OB/GYN who performed the girl’s medical abortion on June 30, has filed a lawsuit for damages over what she says are false statements Attorney General Todd Rokita made about her and her work.
Bernard received widespread attention after giving an interview to the Indianapolis Star about the child who traveled to Indiana from Ohio for the abortion. The so-called fetal heartbeat law went into effect in Ohio last month after the Supreme Court overturned Roe v. Wade. Such laws prohibit abortions from the moment a fetal heartbeat can be detected, which is usually around the sixth week of pregnancy.
A 27-year-old man was charged last week in Columbus, Ohio, with raping the girl, confirming the existence of a case that was initially met with skepticism by some news outlets and Republican politicians.
Bernard’s attorney, Kathleen Delaney, filed a “notice of tort claim” against Rokita just days after she sent a cease and desist letter. A 90-day period for the state to settle the claim begins. If not settled, Bernard could file a lawsuit. The suit did not say how much money Bernard is seeking, noting that “the harm is ongoing.”
“Mr. Rokita’s false and misleading statements about Dr. Bernard’s alleged misconduct in her profession constitute defamation,” the suit says. “The statements were and continue to be published by or on behalf of Mr. Rokita and the Attorney General’s office.”
After news of the 10-year-old’s abortion broke, Rokita told Fox she would investigate whether Bernard violated child abuse notification or abortion reporting laws. He also said his office would look into whether anything Bernard told the Indianapolis Star about the girl’s case violated federal medical privacy laws. Rokita did not offer specific allegations of wrongdoing.
Records obtained by The Associated Press and local news outlets show Bernard filed her abortion report on the girl on July 2, which is within Indiana’s three-day reporting period for an abortion performed on a girl under 16.
Rokita did not immediately respond to a request for comment.
The Indiana Democratic Party criticized Rokita for the impact the lawsuit would have on taxpayers.
“Hoosier taxpayers will now have to pay for Attorney General Todd Rokita’s national smear campaign against a doctor who helped a 10-year-old rape survivor obtain a legal and safe abortion,” party spokesman Drew Anderson wrote in an email.
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Arlie Rogers is a corps member of the Associated Press/Report for America Statehouse News Initiative. America Report is a national nonprofit program that places journalists in local newsrooms to report on undercover issues. Follow her on Twitter at
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