INDIANAPOLIS (AP) 鈥� 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 obstetrician-gynecologist who gave the girl a medication-induced abortion on June 30, filed a tort claim notice over what she says are false statements that Attorney General Todd Rokita has made about her and her work.
Bernard received widespread attention after she gave about the child, who traveled to Indiana from Ohio for the abortion. A so-called fetal heartbeat law took effect in Ohio last month after the Supreme Court overturned Roe v. Wade. Such laws ban abortions from the time a fetus' cardiac activity can be detected, which is typically around the sixth week of pregnancy.
last week in Columbus, Ohio, with raping the girl, confirming the existence of a case that was by some news outlets and Republican politicians.
Bernard's lawyer, Kathleen DeLaney, filed the against Rokita just days after The claim starts a 90-day period for the state to settle it. If it's not settled, Bernard could file a lawsuit. The claim didn't say how much money Bernard is seeking, noting that 鈥渢he harm is ongoing.鈥�
"Mr. Rokita鈥檚 false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation," the claim reads. 鈥淭he statements have been and continue to be published by or on behalf of Mr. Rokita and the Office of the Attorney General.鈥�
After the news of the 10-year-old's abortion broke, Rokita told Fox News that he would investigate whether Bernard violated child abuse notification or abortion reporting laws. He also whether anything Bernard said to the Indianapolis Star about the girl's case violated federal medical privacy laws. Rokita offered no specific allegations of wrongdoing.
Records obtained by The Associated Press and local news outlets show that Bernard submitted her report about the girl's abortion on July 2, which is within Indiana鈥檚 required three-day reporting period for an abortion performed on a girl younger than 16.
A spokesperson for Rokita said Bernard's claim is 鈥渂aseless鈥� and attempts to 鈥渄istract from the important work of the office.鈥�
鈥淎ttorney General Rokita and the Office of Attorney General are leaders in the pro-life movement,鈥� spokesperson Kelly Stevenson said via email. 鈥淗is historic work has further distinguished Indiana as a protector of unborn life and women.鈥�
The Indiana Democratic Party criticized Rokita for the impact the lawsuit would have on taxpayers.
鈥淗oosier taxpayers will now have to pay for Attorney General Todd Rokita鈥檚 national smear campaign against a doctor who helped a 10-year-old rape survivor attain a legal and safe abortion,鈥� party spokesperson Drew Anderson wrote in an email.
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Arleigh Rodgers is a corps member for the Associated Press/Report for America Statehouse News Initiative. is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow her on Twitter at
Arleigh Rodgers, The Associated Press
