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IN AG eyes prosecution of 10-year-old rape victim's doctor
Posted on: July 14, 2022 at 16:33:58 CT
Spanky KU
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https://www.msn.com/en-us/news/politics/indiana-ag-eyes-criminal-prosecution-of-10-year-old-rape-victim-s-abortion-doc/ar-AAZAePe?cvid=81029bae2e7045d99b5fc89809e86bcc
Indiana Attorney General Todd Rokita is threatening criminal charges against the doctor who performed an abortion on a 10-year-old rape survivor from Ohio — a major escalation in the ongoing saga that has put the midwestern state on the frontlines of the post-Roe war.
A new letter from Rokita to Republican Gov. Eric Holcolmb dated Wednesday but released publicly on Thursday asks for records from the Indiana Department of Health and the Department of Child Services to determine whether the physician — Caitlin Bernard with Indiana University — filed the legally required reports within the 3-day window of performing the abortion.
Rokita alleges that the two state agencies have not adequately responded to his request to find out if Bernard has filed the appropriate records.
If an investigation now underway determines that the report was not filed or not filed in time, the letter warns, Bernard could face “criminal prosecution and licensing repercussions.”
Other medical workers in the state and progressive legal advocates told POLITICO they don’t believe Bernard broke any laws and say Rokita’s actions are designed to scare providers and deter them from offering abortions even in circumstances where it’s legal to do so.
“Certainly, it’s an intimidation tactic,” said Fabiola Carrión, the director of reproductive and sexual health at the National Health Law Program. “It’s currently legal in Indiana to offer abortions up to 22 weeks of pregnancy. And even if it wasn't, this is a life-endangerment situation. A 10-year-old with a still-developing body isn't capable of delivering a baby.”
“This is going to have a chilling effect on providers who won’t want to risk making that assessment themselves in the future,” she added. “Health care providers are generally very risk-averse. They have to pay a lot of money for liability insurance. And now they’re being targeted by people who know far less than they do about complex medical situations.”
Bernard did not immediately respond to a request for comment.
When POLITICO spoke to her in the weeks leading up to the Supreme Court ruling overturning Roe v. Wade, she talked about her plans to keep serving patients in Indiana however she could no matter what restrictions her state imposed.
“It’s scary to think about what the next phase is going to look like,” she said in May. “But I made a commitment to do this work knowing full well that the criminalization of abortion could be a possibility. So I won't abandon it now for my own job security. This care will continue to be needed.”
The new threat from Rokita comes as Indiana — one of a dwindling number of deep red states where abortion remains legal — is just days away from kicking off a special legislative session where lawmakers are expected to take up bills to ban abortion — with the only question being what exceptions, if any, will be permitted.
The move by the attorney general — who is widely expected to one day run for either governor or senator — could not only push legislators to consider more sweeping measures to outlaw abortion but also create a chilling effect on other medical providers in the state.
“Why issue a threat before he has an idea of the full scope of the case? Why threaten the license of the doctor? Well, this is very on brand for him,” said Andrew Downs, the director of the Mike Downs Center for Indiana Politics at Perdue University. “Rokita’s comments also put pressure on the legislature to move as far towards making abortion illegal in all instances as possible.”
Indiana lawmakers will hold a special session on July 25 to consider bills related to inflation as well as abortion.
Indiana Attorney General Todd Rokita is threatening criminal charges against the doctor who performed an abortion on a 10-year-old rape survivor from Ohio — a major escalation in the ongoing saga that has put the midwestern state on the frontlines of the post-Roe war.
A new letter from Rokita to Republican Gov. Eric Holcolmb dated Wednesday but released publicly on Thursday asks for records from the Indiana Department of Health and the Department of Child Services to determine whether the physician — Caitlin Bernard with Indiana University — filed the legally required reports within the 3-day window of performing the abortion.
Rokita alleges that the two state agencies have not adequately responded to his request to find out if Bernard has filed the appropriate records.
If an investigation now underway determines that the report was not filed or not filed in time, the letter warns, Bernard could face “criminal prosecution and licensing repercussions.”
Other medical workers in the state and progressive legal advocates told POLITICO they don’t believe Bernard broke any laws and say Rokita’s actions are designed to scare providers and deter them from offering abortions even in circumstances where it’s legal to do so.
“Certainly, it’s an intimidation tactic,” said Fabiola Carrión, the director of reproductive and sexual health at the National Health Law Program. “It’s currently legal in Indiana to offer abortions up to 22 weeks of pregnancy. And even if it wasn't, this is a life-endangerment situation. A 10-year-old with a still-developing body isn't capable of delivering a baby.”
“This is going to have a chilling effect on providers who won’t want to risk making that assessment themselves in the future,” she added. “Health care providers are generally very risk-averse. They have to pay a lot of money for liability insurance. And now they’re being targeted by people who know far less than they do about complex medical situations.”
Bernard did not immediately respond to a request for comment.
When POLITICO spoke to her in the weeks leading up to the Supreme Court ruling overturning Roe v. Wade, she talked about her plans to keep serving patients in Indiana however she could no matter what restrictions her state imposed.
“It’s scary to think about what the next phase is going to look like,” she said in May. “But I made a commitment to do this work knowing full well that the criminalization of abortion could be a possibility. So I won't abandon it now for my own job security. This care will continue to be needed.”
The new threat from Rokita comes as Indiana — one of a dwindling number of deep red states where abortion remains legal — is just days away from kicking off a special legislative session where lawmakers are expected to take up bills to ban abortion — with the only question being what exceptions, if any, will be permitted.
The move by the attorney general — who is widely expected to one day run for either governor or senator — could not only push legislators to consider more sweeping measures to outlaw abortion but also create a chilling effect on other medical providers in the state.
“Why issue a threat before he has an idea of the full scope of the case? Why threaten the license of the doctor? Well, this is very on brand for him,” said Andrew Downs, the director of the Mike Downs Center for Indiana Politics at Perdue University. “Rokita’s comments also put pressure on the legislature to move as far towards making abortion illegal in all instances as possible.”
Indiana lawmakers will hold a special session on July 25 to consider bills related to inflation as well as abortion.
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IN AG eyes prosecution of 10-year-old rape victim's doctor - Spanky KU - 7/14 16:33:58
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