The doctor who recently performed an abortion for a 10-year-old girl alerted Indiana’s attorney general on July 19 that she may sue him for defamation.
A spokesperson for Rokita told The Epoch Times in an email that the notice “is part of a divisive narrative and an attempt to distract from the important work of the office, including the duty to determine whether practitioners have violated the standards of practice in his or her profession, as well as federal and state laws.”
Remarks
Before documents confirming Bernard reported performing the abortion were released by a state health agency, Rokita appeared on Fox News and described Bernard as an “abortion activist acting as a doctor, with a history of failing to report.”Indiana law requires doctors to report performing an abortion for any girls under the age of 16 within three days of the abortion.
Bernard’s lawyers sent Rokita a cease-and-desist letter, but his office maintains he did not say anything false or misleading.
On Friday, Indiana University, Bernard’s employer, said a probe concluded the doctor did not violate any laws by speaking to the press. Her account was included in a story by a local paper about how the Supreme Court’s ruling was making it more difficult to obtain abortions.
90-Day Trigger
The tort claim notice triggers a 90-day investigative period, according to Bernard’s lawyers. The state can settle the claim during that time. If a settlement is not reached, a lawsuit can be filed.“This claim is the first step in the process to potentially filing a defamation suit against the AG,” Bernard’s lawyers said in a statement.
The notice notes that Bernard’s license is active and that she has no disciplinary history, despite Rokita’s statement.
“Thus, Mr. Rokita’s statements that Dr. Bernard was an ‘abortion activist acting as a doctor’ with a ‘history of failing to report’ were false. Mr. Rokita either knew the statements were false or acted with reckless disregard of the truth or falsity of the statements. Mr. Rokita recklessly and/or negligently failed to ascertain whether the statements about Dr. Bernard’s licensure were true or false before making them,” the notice says.
Man Arrested, Charged
While Bernard listed the age of the man who impregnated the young girl as 17, a 27-year-old man was arrested for allegedly raping the girl.Gerson Fuentes, who local and federal officials say is an illegal immigrant, was charged with rape of a person under 13 years old.
Fuentes confessed to the crime and the girl identified him as the perpetrator, according to court documents.
Fuentes was granted $2 million bail but remains in prison because he has not posted bail, according to jail records.
The public defender’s office in Franklin County, Ohio, which is representing the man, has not returned inquiries.
Fuentes faces life in prison if convicted.