Attorney for Caitlin Bernard files tort claim notice against Indiana Attorney General Todd Rokita

INDIANA — An attorney representing Dr. Caitlin Bernard, the Indianapolis doctor who performed an abortion for a 10-year-old rape victim from Ohio, has filed a tort claim notice against Indiana Attorney General Todd Rokita.

Caitlin Bernard, MD | IU Health
Dr. Caitlin Bernard

Bernard’s lawyer, Kathleen DeLaney of DeLaney & DeLaney LLC, confirmed on Tuesday the notice had been filed.

It’s the first step toward a possible defamation lawsuit against Rokita.

Todd Rokita

Bernard’s lawyer filed a cease and desist letter against Rokita after telling Fox News he would investigate whether she failed to follow proper reporting procedures.

Records showed Bernard properly filed the termination of the pregnancy report after she performed the abortion.

after she performed the abortion.

The 10-year-old girl traveled to Indiana to get an abortion after she was allegedly raped by a 27-year-old Gerson Fuentes.

Gerson Fuentes

Fuentes was charged with the rape of a minor, according to court documents.

During a court hearing, Columbus Detective Jeffery Huhn testified that the young girl’s medical consultations, examination, and abortion took place between June 29 – July 2.

As soon as Roe v. Wade was overturned on June 24, 2022, the state of Ohio implemented the “Heartbeat Bill” which does not allow abortions in the state after six weeks.

In Ohio, a 10-year-old who becomes pregnant is, by definition, a rape victim, but the state’s abortion law does not make exceptions for rape and incest.

Franklin County Municipal Court records filed against Fuentes state that he confessed to Columbus Police that he raped the girl on “no less than two occasions.”

Fuentes is currently being held on a $2,000,000 bond. His next court hearing is scheduled for July 22, 2022.