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There's Been an Update in Case Against Abortionist Who Performed Procedure on 10-Year-Old Rape Victim

Over the summer, shortly after the U.S. Supreme Court officially overturned Roe v. Wade with its Dobbs v. Jackson decision, Dr. Caitlin Bernard, an abortionist out of Indiana, shared with a  friendly news outlet the story of a 10-year-old rape victim who had traveled from Ohio to be under her care for the procedure. While doubts were initially cast, the incident turned out to be true, as an illegal immigrant, Gerson Fuentes, was arrested for allegedly raping the victim. 


There was also questionable actions on Bernard's part as well, and not just because she went to the press, but there are allegations she violated patient privacy and concerns about whether or not she complied with reporting requirements. Indiana Attorney General Todd Rokita vowed to take action against her, and so he has, with Marion County Judge Heather Welch ruling last Friday that a probe against Bernard can continue, as Julia Musto with Fox News reported, and that the medical licensing board now has jurisdiction. 

Rokita had asked the state medical licensing board to discipline Bernard, with his allegations including that the abortionist had violated state law by not reporting the girl’s abuse to state authorities, and that she had violated patient privacy laws by going to a reporter with the Indianapolis Star about the abortion. Rokita's complaint thus asked the board to impose "appropriate disciplinary action." 

As Townhall covered at the time, it particularly raised concerns that Bernard put down that the father of the aborted unborn child was 17, also a minor as the victim is, when in reality Fuentes is 27. 

Dr. Bernard had spoken out against Rokita as well, and her attorneys warned in July that she would sue. As Musto mentioned in her reporting, Bernard did in fact bring a suit against Rokita last month.

Rokita wasn't in the clear entirely, though. As Musto also reported, Welch "did find that Rokita had wrongly made public comments about investigating Bernard before his complaint was filed." 


Judge Welch has a mixed record on abortion, as she ruled against Indiana's state abortion ban that passed back in August, although it has since been on hold due to other lawsuits. Rokita has been appealing court decisions against the ban. An appeals court, last week, however did uphold Indiana law requiring the proper burial of aborted children, either through cremation or burial. 

Rokita's official Twitter account released a statement on Friday about the investigation. 

The statement summarized that the case is about patient privacy rights and protecting children, with the latter especially being emphasized.

Although the statement did not call out Bernard by name, it did indicate that the "doctor and her attorneys initiated this media frenzy from the beginning, and it continues to draw attention to this little girl who is trying to cope with a horrific trauma."

In closing, the statement mentioned that the "Office of the Attorney General will continue to fight for patients' rights and safety in this and other situations," once again bringing it back to patients rights as what's at the heart of the case. 

This complaint is not the first time that there have been allegations against Dr. Bernard. She has been accused by Indiana Right to Life in 2018, after accessing public documents, of failing to report underage abortions.


Megan Fox, at our sister site of PJ Media, has been covering the abortion performed by Dr. Bernard and other details about the case from the beginning. On Tuesday she tweeted that Fuentes' trial will take place on January 9, 2023, and called on Court TV to cover. 

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