Doctor moves to sue Indiana attorney general who threatened to investigate her for performing abortion on 10-year-old rape victim

An Indianapolis health practitioner who performed an abortion on a 10-12 months-previous rape sufferer from Ohio took the 1st action Tuesday towards suing Indiana’s attorney standard for defamation.

Dr. Caitlin Bernard, an Indianapolis obstetrician-gynecologist who gave the girl a treatment-induced abortion on June 30, submitted a tort declare notice about what she suggests are fake statements that Attorney Common Todd Rokita has made about her and her get the job done.

Bernard been given prevalent consideration immediately after she gave an interview to the Indianapolis Star about the boy or girl, who traveled to Indiana from Ohio for the abortion. A so-called fetal heartbeat law took outcome in Ohio previous month right after the Supreme Court docket overturned Roe v. Wade. These types of laws ban abortions from the time a fetus’ heartbeat can be detected, which is generally close to the sixth 7 days of pregnancy.

A 27-yr-aged guy was charged final 7 days in Columbus, Ohio, with raping the lady, confirming the existence of a case that was initially satisfied with skepticism by some information retailers and Republican politicians.

Bernard’s attorney, Kathleen DeLaney, submitted the “tort declare notice” against Rokita just days just after she sent a cease and desist letter. The declare commences a 90-day period for the point out to settle it. If it truly is not settled, Bernard could file a lawsuit. The declare failed to say how considerably income Bernard is trying to find, noting that “the harm is ongoing.”

“Mr. Rokita’s false and deceptive statements about alleged misconduct by Dr. Bernard in her occupation constitute defamation,” the assert states. “The statements have been and proceed to be printed by or on behalf of Mr. Rokita and the Office environment of the Attorney Standard.”

Following the information of the 10-12 months-old’s abortion broke, Rokita explained to Fox he would investigate whether Bernard violated little one abuse notification or abortion reporting guidelines. He also stated his office would appear into whether or not everything Bernard claimed to the Indianapolis Star about the girl’s situation violated federal medical privateness legislation. Rokita presented no distinct allegations of wrongdoing.

Documents obtained by The Related Push and nearby information retailers display that Bernard submitted her report about the girl’s abortion on July 2, which is within just Indiana’s required 3-day reporting period of time for an abortion performed on a woman young than 16.

Rokita did not straight away answer to a request for remark.

The Indiana Democratic Occasion criticized Rokita for the effect the lawsuit would have on taxpayers.

“Hoosier taxpayers will now have to pay for Attorney General Todd Rokita’s countrywide smear marketing campaign in opposition to a health practitioner who aided a 10-calendar year-outdated rape survivor attain a lawful and harmless abortion,” celebration spokesperson Drew Anderson wrote in an email.