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Rokita to investigate doctor in case of 10-year-old rape victim’s Indiana abortion

UPDATE: Indiana University Health on Friday released a statement in regard to a privacy review concerning Dr. Caitlin Bernard, saying: “As part of IU Health’s commitment to patient privacy and compliance with privacy laws, IU Health routinely initiates reviews, including the matters in the news concerning Dr. Caitlin Bernard.  Pursuant to its policy, IU Health conducted an investigation with the full cooperation of Dr. Bernard and other IU Health team members. IU Health’s investigation found Dr. Bernard in compliance with privacy laws.” 

The office of Indiana Attorney General Todd Rokita released the following statement Friday morning:

“As we stated, we are gathering evidence from multiple sources and agencies related to these allegations. Our legal review of it remains open.”

INDIANAPOLIS (WISH) — Indiana’s attorney general confirmed Thursday his office is investigating a doctor for potential criminal activity.

The case involves a 10-year-old rape victim, from Ohio, who had an abortion in Indiana.

Attorney General Todd Rokita says he wants proof the doctor followed Indiana law in reporting the abortion and the rape.

The case has gained national attention after the doctor first shared the story with IndyStar. President Joe Biden then referenced it during a White House event last week.

In another development, a leading conservative attorney in Indiana says a model law would not have allowed the abortion Jim Bopp is the general counsel to the National Right to Life Committee. He told Politico on Thursday that the girl should have carried the baby to term, and that the model abortion ban sent to state lawmakers does not include exceptions for rape or incest.

He made similar comments during an interview Sunday on WISH-TV’s “All INdiana Politics.”

Marion County Prosecutor Ryan Mears has said he will not prosecute doctors or patients under any new abortion ban in Indiana. Mears also tells News 8 that his office has not been presented with any allegations from the Ohio case.

The physician in the case, Dr. Caitlin Bernard tweeted on Wednesday night: “My heart breaks for all survivors of sexual assault and abuse. I am so sad that our country is failing them when they need us most. Doctors must be able to give people the medical care they need, when and where they need it.”


“Aside from the horror caused here by illegal immigration, we are investigating this situation and are waiting for the relevant documents to prove if the abortion and/or the abuse were reported, as Dr. Caitlin Bernard had requirements to do both under Indiana law. The failure to do so constitutes a crime in Indiana, and her behavior could also affect her licensure. Additionally, if a HIPAA violation did occur, that may affect next steps as well. I will not relent in the pursuit of the truth.”

Indiana Attorney General Todd Rokita

“Attorney General Todd Rokita is looking to sue a doctor for saving a young girl’s life. The Indiana Republican Party believes rape survivors – including minors – should be forced to give birth to their rapist’s baby. Their agenda is dangerous and too extreme for Indiana.”

Indiana Democratic Party

As Prosecutor Mears has previously stated we do not intend to devote resources to prosecuting doctors, nurses, or pregnant people for abortion-related cases should the Indiana legislature criminalize abortion.

“There have been no allegations related to this matter presented to our office.”

To News 8 from Marion County Prosecutor’s Office