COLUMBUS, Ohio — A man has been charged with impregnating a 10-year-old Ohio girl whose travel to Indiana to seek an abortion led to international attention and became a flash point in the national furor over the U.S. Supreme Court’s decision to overturn Roe v. Wade.
Nearly all abortions became illegal in Ohio last month after high court's ruling. The story of a young girl traveling across state lines to receive an abortion — first reported by the Indianapolis Star, part of the USA TODAY Network — quickly went viral.
The account became a talking point for abortion rights supporters, including President Joe Biden, and some abortion opponents and news outlets criticized the story as unproven. The criminal charges and testimony Wednesday confirm the disturbing story.
Gershon Fuentes, 27, whose last known address was an apartmentin Columbus, was arrested Tuesday after police say he confessed to raping the child on at least two occasions. He's since been charged with rape — a felony of the first degree in Ohio — and is being held in the Franklin County jail on a $2 million bond.
The child's mother reported the girl's pregnancy to Franklin County Children Services on June 22, which informed Columbus police, said Det. Jeffrey Huhn on Wednesday at Fuentes' arraignment. The girl underwent a medical abortion in Indianapolis on June 30, Huhn said.
BACKGROUND: An Ohio 10-year-old crossed state lines for abortion care in Indiana. She isn't alone.
The girl told police Fuentes was responsible for her pregnancy, Huhn testified. Assistant Franklin County Prosecutor Dan Meyer said she had recently turned 10, meaning she was likely impregnated at 9 years old.
Huhn also testified that DNA from the clinic in Indianapolis is being tested against samples from Fuentes. Before being arrested, Huhn and Columbus police Det. David Phillips collected a saliva sample from Fuentes, according to a probable cause statement.
The case comes weeks after the Supreme Court overturned Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The ruling triggered a cascade of state-level prohibitions, including in Ohio, where a "heartbeat" bill became law hours after the opinion was released.
The law prohibits abortions after fetal cardiac activity can be detected, including in cases of rape or incest. Fetal cardiac activity is typically detected around six weeks of gestation, when most people usually do not know they are pregnant. The only exception to Ohio's law is if the life of the mother is in jeopardy.
The Indianapolis Star first reported the story earlier this month, attributing the account to Dr. Caitlin Bernard, an Indianapolis physician who provides abortion services.
"Imagine being that little girl," Biden said Friday as he decried the high court’s decision. "I’m serious. Just imagine being that little girl."
'This is a moment – the moment': Biden announces steps to protect abortion access, but advocates urge him to do more
But in recent days, multiple news outlets and officials have questioned the account. The Wall Street Journal ran an editorial Tuesday with the headline, "An Abortion Story Too Good to Confirm," stating "there's no evidence the girl exists."
"What we seem to have here is a presidential seal of approval on an unlikely story from a biased source that neatly fits the progressive narrative but can’t be confirmed," the editorial read.
A Washington Post fact check published Saturday referred to the account as a "one-source story that quickly went viral around the world — and into the talking points of the president."
Jonathan Turley, a professor at George Washington University Law School who has participated as a witness in impeachment hearings in Congress, penned an op-ed in The New York Post calling for more information about the account.
"We have little proof that the story is true despite some significant legal and factual questions," Turley wrote Tuesday.
Ohio Attorney General Dave Yost also questioned the validity of the account during an appearance on Fox News this week. Yost, a Republican, told Fox News host Jesse Watters that his office had not heard "a whisper" of a report being filed for the 10-year-old victim.
"We have regular contact with prosecutors and local police and sheriffs — not a whisper anywhere," Yost said on the show.
Yost doubled down on his claims in an interview with the USA TODAY Network Ohio bureau on Tuesday, saying that the more time passed before confirmation made it "more likely that this is a fabrication."
"I know the cops and prosecutors in this state," Yost said Tuesday. "There's not one of them that wouldn't be turning over every rock, looking for this guy and they would have charged him. They wouldn't leave him loose on the streets ... I'm not saying it could not have happened. What I'm saying to you is there is not a damn scintilla of evidence."
But on Wednesday, once news of the arraignment came, Yost issued a single sentence statement: "We rejoice anytime a child rapist is taken off the streets." He later added that he's "absolutely delighted that this monster has been taken off the street. If convicted, he should spend the rest of his life in prison."
More on Ohio's Dave Yost: He cast doubt on 10-year-old rape victim case, now 'rejoices' at arrest
Asked about the case Wednesday, Turley said his column noted the case "could be real, but that there were glaring legal and factual questions raised."
The Wall Street Journal Editorial Board did not immediately respond to a request for comment Wednesday.
Since May 9, there have been at least 50 police reports of rape or sexual abuse involving a girl 15 years or younger in Columbus, according to an IndyStar analysis.
The number is likely an underestimate due to restrictions on public records related to allegations initiated by mandated reporters. The report involving the 10-year-old girl, for example, falls into that category.
In 2020, there were 52 abortions in children 15 or younger in Ohio, accounting for .3% of the 20,605 abortions performed that year, according to the Ohio Department of Health. Data also shows there were 63 such procedures in 2019; 54 in 2018; 61 in 2017; and 76 in 2016.
In Indiana, 67 of the 8,414 people who obtained abortions in 2021 were 16 or younger, according to the Indiana Department of Health's annual report.
Meanwhile, Ohio's GOP-controlled General Assembly is expected to ban abortions even earlier than the current six-week ban, with no exceptions for victims of rape or incest. Lawmakers are still crafting language on when abortions would be banned, but past proposals barred the procedure after fertilization, which could prohibit some birth control.
More: Abortion opponents less accepting of rape and incest as 'exceptions.' What changed?
The ability of Ohio residents to seek abortion services in Indiana could soon be curtailed, too. Indiana Gov. Eric Holcomb, a Republican, has called a special legislative session that is scheduled to convene on July 25. Republicans, who hold supermajorities in both chambers of the state General Assembly, have pledged to enact new abortion restrictions.
Legislative leaders haven't said whether their abortion proposal will allow for exemptions for rape, incest or life of the pregnant person, or at what point in a pregnancy they'll ban abortion.
Reporters asked Holcomb about the case of the 10-year-old rape survivor on Tuesday. He called it a "horrific example," but declined to say whether he was comfortable banning abortions in cases involving young rape victims.
"I am reserving comment until we see a bill," he said.
Contributing: Grace Hauck, USA TODAY; Laura Bischoff and Eric Lagatta, The Columbus Dispatch; Dayeon Eom, The Indianapolis Star.
This article originally appeared on USA TODAY NETWORK: Gershon Fuentes arrested in case of pregnant 10-year-old Ohio girl
