The Indiana doctor who oversaw a rape victim's abortion after she was denied one in Ohio took a first step towards suing the state's attorney general for defamation.

Todd Rokita

The Indiana Attorney General addressed voters in SouthBend, Indiana.

CQ-Roll Call, Inc via Getty Images

The attorney general is accused of defaming Bernard through his "false and misleading statements."

Bernard can bring a defamation lawsuit against the state of Indiana after 90 days if the state doesn't settle the claim first.

The notice pointed to Rokita's comments that Bernard was acting as a doctor with a history of failing to report, as well as the announcement that the state was investigating the doctor.

According to DeLaney, a simple check of the state's license verification system shows that Bernard is a licensed physician with no history of discipline.

Even after public records showed she had complied with the law by revealing the abortion to the state, Rokita continued to investigate her and stated on his website that he was doing so.

A request for comment has not been replied to.

According to the notice, the statements that Dr. Bernard has a history of failing to report are false. The public condemnation of Dr. Bernard was intended to heighten due to the current political atmosphere in the US.

What We Don’t Know

The notice doesn't say how much money Bernard is asking for in damages because the harm against the doctor is still ongoing, but she will seek damages for security costs, legal fees, reputational harm and emotional distress.

Tangent

There were two legal complaints brought against Rokita in the last few days. The former dean of Indiana University's law school has filed an ethics complaint against the attorney general for going after Bernard. If the commission takes up the complaint and the court finds the attorney general guilty, he could be disbarred or reprimanded.

Key Background

The 10-year-old rape victim had a medical abortion under Bernard's supervision. The child was forced to cross state lines after being denied an abortion in Ohio due to the state's six-week abortion ban which took effect shortly after the Supreme Court reversed the Wade decision. The doctor told the Indianapolis Star she had been asked to take the patient by a colleague in Ohio, and her account immediately gained widespread attention. Many on the right were skeptical with Ohio Attorney General Dave Yost telling Fox News he hadn't seen a "whisper" of evidence to support Bernard's account. After the child's rapist was arrested, Republicans backtracked on their statements questioning the abortion and instead went after Bernard, with Rokita launching his investigation against the doctor. The attorney general continued the investigation despite the legal threat and evidence supporting Bernard's case after he sent a cease and desist letter to the attorney general.

The Indiana AG is facing an ethics complaint for going after the abortion doctor who helped the rape victim.

The doctor who helped a 10-year-old get an abortion is under investigation.

The doctor who helped the 10-year-old rape victim get an abortion is being investigated by Indiana.