Doctor who performed abortion on 10-year-old girl files lawsuit against Indiana prosecutor for defaming her

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Jon Cherry / Getty Images

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Dr. Caitlin Bernard, who performed an abortion on a 10-year-old girl earlier this month, took the first step to potentially file a lawsuit against the Indiana state attorney general for defamation.

In a document filed with the Indiana tort office, Bernard accuses the prosecutor, Republican Todd Rokita, of having made public statements about the case without checking if they were truefor which he asks for financial compensation for reputational damage and emotional stress.

In the past week, Rokita publicly announced that he was going to investigate the doctor for allegedly not notifying the authorities that she performed an abortion on a 10-year-old girl that she was raped in the neighboring state of Ohio, something she is required to do by law.

“If Dr. Bernard did not file the required reports on time, she has committed a crime whose consequences may include criminal prosecution,” Rokita, who is a supporter of restricting access to abortion, said in a letter.

Nevertheless, It was later learned that Bernard had notified the authorities and had complied with the law, so now he wants to be compensated for the prosecutor’s words.

The admission of the document presented today now opens a 90-day period in which the state must investigate the case and, if it considers it, reach an agreement with the doctor.

In the event that there is no agreement, Bernard will only be able to file a formal lawsuit with the Justice once these 90 days have passed, and depending on what the results of the investigation determine.

The case of the abortion of this minor has gained enormous relevance in the countryand the president of the United States, Joe Biden, used it as an example of the consequences of the Supreme Court ruling that struck down the constitutional right to abortion.

The 10-year-old girl was raped in Ohio, a state that restricted abortion from six weeks of gestation without exceptions such as rape, and went to Indiana for an abortion, where abortion is currently allowed up to 22 weeks.

Several Republican-controlled states have restricted or outright banned abortion since the Supreme Court in late June struck down the right, which has been in place nationwide since 1973.

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