In 2022, an unnamed nine-year-old girl in Columbus, Ohio, United States, became pregnant after she was raped, allegedly by an adult male.[1][2] The girl, who had turned ten by the time the rape made news,[3] traveled to Indiana to get an abortion, because Ohio law on abortion does not provide an exception for minor children who become pregnant because of rape.[4] The case drew national attention and commentary from public figures, due in part to its proximity to the June 24, 2022, decision of the Supreme Court of the United States in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, thus allowing states to impose substantial limitations on access to abortion, including the limitations imposed by the state of Ohio.
On June 22, 2022, the Children's Services department of Franklin County, Ohio, notified the Columbus Division of Police that the department had become aware of a 10-year-old girl who was pregnant.[2] The girl traveled to Indianapolis, Indiana, where she received a medical abortion on June 30.[2] She was interviewed by police, and identified her attacker who was arrested on July 12 and charged with two felony counts of rape, appearing in the Franklin County municipal court for his arraignment on July 13.[2][5] Documents filed with court indicated that the arrestee had made a confession to the crime,[5] and he later pleaded not guilty to both charges.[2] Trial was originally scheduled for October 2022, but has been rescheduled to begin on January 9, 2023.[6][7][8][3]
On July 1, 2022, The Indianapolis Star reported that a ten-year-old girl who had been raped traveled from Ohio to Indiana to have an abortion.[2] President Joe Biden highlighted the case in remarks at the White House on July 8, 2022, stating: "She was forced to have to travel out of the state to Indiana to seek to terminate the pregnancy and maybe save her life. Ten years old—10 years old!—raped, six weeks pregnant, already traumatized, was forced to travel to another state".[9]
Some right-leaning politicians and media sources initially called the story a hoax; Dave Yost, the Ohio Attorney General, doubted early reports of the incident, saying, "Every day that goes by, the more likely that this is a fabrication".[10] After news of the arrest of the alleged rapist validated the Star's story, these sources did not apologize for claiming the story was a hoax.[11] James Bopp, the general counsel for the National Right to Life Committee, said in an interview that the girl should have carried her child to term, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child".[12] Bopp's comment led to ire from several left-leaning politicians and media sources, deriding Dobbs and the stance taken by the right.[11] Governor of South Dakota Kristi Noem also commented on the case, saying that "I don't believe a tragic situation should be perpetuated by another tragedy."[13]
Yost, despite his initial doubts about the case, applauded the arrest of the alleged rapist.[14] Yost also asserted at that time that Ohio law on the matter had been misconstrued, and that the girl could have received an abortion in the state if a treating physician deemed it a medical emergency, even if it was not life-threatening.[15]
The New York Times, noting the controversy sparked by the case, reported on the increased probability of medical complications due to pregnancy at a young age, stating that "prominent abortion opponents suggested the child should have carried her pregnancy to term", but that "midwives and doctors who work in countries where pregnancy is common in young adolescent girls say those pushing for very young girls to carry pregnancies to term may not understand the brutal toll of pregnancy and delivery on the body of a child".[16] The Indiana physician who performed the procedure, Caitlin Bernard, reported it as required by state law.[17] Todd Rokita, the Indiana Attorney General, then announced an investigation into Bernard,[18][19] stating that the doctor "used a 10-year-old girl—a child rape victim's personal trauma—to push her political ideology", and further asserting that she was "aided and abetted by a fake news media who conveniently misquoted my words to try to give abortionists and their readership numbers an extra boost".[18] In an August 17 opinion piece published in The Wall Street Journal, Rokita characterized an investigation into the doctor as aimed at protecting patient privacy.[20]
Indiana University Health, where Bernard had admitting privileges, reported conducting an internal investigation, and finding the doctor to be in compliance with privacy laws.[18] The doctor also reported receiving harassment due to having performed the procedure.[21][22] NPR reported that following this incident, a substantial percentage of OB-GYN residents in Indiana were contemplating leaving the state.[23]
In November 2022, Bernard sued Rokita for launching a frivolous investigation.[24] On November 30, Rokita requested that the Indiana state medical licensing board take disciplinary measures against Bernard. Rokita says that Bernard failed to tell authorities that the 10-year-old girl was abused, but also spoke to the news media about the treatment she provided, which violates medical privacy laws.[25]