Crime (Update) Arrest Made in Rape of Ohio 10-Year-Old Who Had to Travel Out of State for Abortion

Link: https://www.thedailybeast.com/colum...o-traveled-to-indiana-for-abortion?ref=scroll
Archive: http://archive.md/2022.07.13-203034...o-traveled-to-indiana-for-abortion?ref=scroll




An Ohio man was arrested Tuesday for raping a 10-year-old girl who became a central figure in the debate over abortion rights after she reportedly traveled to Indiana to have an abortion when Ohio outlawed the procedure last month.

Arrest records and court records viewed by The Daily Beast confirm that Gerson Fuentes, 27, was arrested Tuesday in Franklin County on a felony charge of raping a person under 13. The Columbus Dispatch, who first reported on his arrest, attended Fuentes’ arraignment in Columbus on Wednesday.

The unidentified girl’s plight became national news when the Indianapolis Star quoted a doctor who said a 10-year-old rape victim, who was six weeks and three days pregnant, had been forced to travel from her home in Columbus to Indiana for an abortion. Her home state had a trigger law that immediately outlawed abortions after six weeks once the Supreme Court overturned Roe v. Wade.

A Columbus Police detective, identified by the Dispatch as Jeffrey Huhn, testified in court Wednesday that the 10-year-old victim was impregnated and had an abortion in Indianapolis.


“The victim went out of state to have a medically terminated abortion,” he said, according to video of the arraignment.

The video showed Fuentes staring blankly during the arraignment and standing with a slouch as a translator relayed the proceedings to him in Spanish.

Court records say the alleged rape occurred on May 12. Detectives said in court that police were made aware of the girl’s pregnancy through a referral filed with the local child services’ branch by her mother on June 22. Eight days later, the girl had the abortion in Indianapolis.

The aborted fetus has since been tested for DNA and entered into evidence, Huhn said, and officials say Fuentes confessed to the rape when he was questioned.

Fuentes’ arrest comes as conservative media claimed the girl’s story was made up for political theater, something parroted by Fox News presenters as recently as Tuesday night—while Fuentes was already in custody.

But those also with egg on their face in light of the horrific crime: the top law-enforcement official in Ohio.

Indeed, state Attorney General Dave Yost spent much of the past week effectively dubbing the story a hoax, suggesting he had heard nothing about any such crime being reported.

“We have a decentralized law enforcement system in Ohio, but we have regular contact with prosecutors and local police and sheriffs,” Yost said in a Fox News segment Monday. “Not a whisper anywhere.”


Yost released a statement Wednesday afternoon that did not address his previous comments.

“My heart aches for the pain suffered by this young child,” he said. “I am grateful for the diligent work of the Columbus Police Department in securing a confession and getting a rapist off the street.”

Dr. Caitlin Bernard, the Indianapolis obstetrician-gynecologist who first described the rape and its aftermath to the Indy Star, previously told The Daily Beast she expected vindication.

“It will all come out in time,” she said via text message on Tuesday.


Court records show Fuentes is being held on a bond of $2 million. The judge said he was considered a flight risk and, given the brutality of the crime, a high bail was necessary to protect the child involved.

—with reporting by Pilar Melendez

 

[pwnest injun]

Looks like the mother of the victim is knocked up by the man who raped her daughter.
View attachment 3498722

So one rapist baby gets killed and one rapist baby lives. Something for everyone!

 

[CarlosDanger]

So one rapist baby gets killed and one rapist baby lives. Something for everyone!

Yeah it is really fucked up, and the mother going to bat for the rapist makes my blood boil, a real mother would have blown the pedo's head off, or beat him to death with a frying pan.

 

[Dracula's Spirit Animal]

Looks like the mother of the victim is knocked up by the man who raped her daughter.
View attachment 3498722

Even if it isn't reported... and maybe it's not good for the girl if it is... I hope the legal process investigates the parentage of whatever kids are all involved (who knows, there could be ten in the house), and what interactions with CPS, police, and abortion/pregnancy services the family has had. I'm beginning to suspect this is a can of worms. How long has the boyfriend been there? Was the raped girl his own kid? Who knows? This seems like a potentially even more horrific situation.

 

[NerdShamer]

Looks like the mother of the victim is knocked up by the man who raped her daughter.
View attachment 3498722

Big fucking surprise.

Only thing that's missing is him molesting the rest of the kids.

 

[Ser Prize]

Big fucking surprise.

Only thing that's missing is him molesting the rest of the kids.

He's gotta wait a few months.

 

[Yamma Damma]

For those interested, Matt Christiansen offers a good summary of.thenfscts as we know them so far, although he spends far too much time apologizing for retracting a video when the video was very sound based on the information he had then at the time.

I do hope the facts of this situation help wake more people up to the necessity of a hard-line approach to immigration policy.anf border control. This is horrific but smacks of third world problems, and I don't want them here.

I would cut him some slack. Matt is really good at getting his ducks in a row before pumping out a video. The only time a video of his is removed is jewtube fuckery. For him to retract after being sure he had all he needed to debook this crap is a shock to those who watch him.

So this story went from fake, to real, to suspicious as shit to WHAT THE FUCKING FUCK in a matter of days. Was shining a spotlight on this horrorshow worth trying to bludgeon it over pro-lifer's heads, biden('s puppetmasters)? All it did was show even they agreed this kid needed it!

Looks like the mother of the victim is knocked up by the man who raped her daughter.
View attachment 3498722

This is looking more and more like a soap opera. Heaven help that poor little girl.

 

[⠠⠠⠅⠑⠋⠋⠁⠇⠎ ⠠⠠⠊⠎ ⠠⠠⠁ ⠠⠠⠋⠁⠛]

he spends far too much time apologizing for retracting a video when the video was very sound based on the information he had then at the time.

If you think skeksis Cathy Young is a reliable source, I guess

 

[Scarlett Johansson]

Based on the information from the Matt Christiansen video I posted, he was fucking both the mother and daughter. The degree of the mothers complicity if not outright facilitation has yet to be determined.
I have some empathy for the girl but it seems to me this is not outside the range of expected behavior from this popuation, even though most of course do not, too many do. Let these flowers flourish where they are properly potted, away from here. It is folly to trade up from first world problems to third world problems willingly.

Nigger what.
What qualifies as expected behavior to you? The girl didn't ask to get raped and impregnated. She doesn't deserve the horrific things that happened to her.

 

[Mewtwo_Rain]

Nigger what.
What qualifies as expected behavior to you? The girl didn't ask to get raped and impregnated. She doesn't deserve the horrific things that happened to her.

They're saying third world people often have this pedophile issue, and trading first world people for third world people who commit these acts on average a lot more than first world countries gives reason to why this is happening. They aren't saying the girl deserved it, but bringing in more people from cultures who find this to be normalized is a dangerous way to end up with your first world nation's seeing more and more of this arise or lead that first world nation to third world status due to intake of such subtle cultures. For instance, sex trafficking has increased dramatically over the last few years.

 

[Scarlett Johansson]

They're saying third world people often have this pedophile issue, and trading first world people for third world people who commit these acts on average a lot more than first world countries gives reason to why this is happening. They aren't saying the girl deserved it, but bringing in more people from cultures who find this to be normalized is a dangerous way to end up with your first world nation's seeing more and more of this arise or lead that first world nation to third world status due to intake of such subtle cultures. For instance, sex trafficking has increased dramatically over the last few years.

Whats even more horrifying is that the youngest pregnant person on record was 5 years old iirc. Its so incredibly fucked up.

Sex trafficking is even creepier because you could essentially have a neighbor who does it and nobody would know. Its terrifying.

 

[Mewtwo_Rain]

Whats even more horrifying is that the youngest pregnant person on record was 5 years old iirc. Its so incredibly fucked up.

Sex trafficking is even creepier because you could essentially have a neighbor who does it and nobody would know. Its terrifying.

I know that fear as where I live the rise in sex trafficking has risen over 1000% from what the local news said of my area. I have many friends with kids and any day one could go missing and be gone forever, or if they were recovered damaged for life. Who knows how many "Have you seen me?" posters are of people being held in basements by someone with in the area, or worse. That's without even taking into accounts the adults that are going missing and being found dead or worse. I'm in Central which makes it scarier to realize how much worse it could be in the east or west coast by this point and how much is being covered up or that we may never know of, let alone events like this young girl.

 

[derpherp2]

They're saying third world people often have this pedophile issue, and trading first world people for third world people who commit these acts on average a lot more than first world countries gives reason to why this is happening. They aren't saying the girl deserved it, but bringing in more people from cultures who find this to be normalized is a dangerous way to end up with your first world nation's seeing more and more of this arise or lead that first world nation to third world status due to intake of such subtle cultures. For instance, sex trafficking has increased dramatically over the last few years.

And even if we did have some weirdass moralistic boner to SAVE DA WORL, we can't really save anyone if we can't even save ourselves.
And right now we're fucking sinking so fast the rats are drowning instead of fleeing the sinking ship.

 

[Norbert the Tiger]

Nigger what.
What qualifies as expected behavior to you? The girl didn't ask to get raped and impregnated.

I never said otherwise. The behavior I was describing.as somewhat tpgozl is that of the perpetrator and the girl's mother. I explcitly said I have empathy for the girl, but I still don't want third world people over here.

She doesn't deserve the horrific things that happened to her.

I never wrote that she did.

The girl didn't ask to get raped and impregnated.

They're saying third world people often have this...

*He.... But otherwise correct.

 

[Kiwisee]

Looks like the mother of the victim is knocked up by the man who raped her daughter.
View attachment 3498722

And now she’s going to be yet another single mother on benefits

 

[Day of the Cope]

This whole case is so poorly explained and seemingly made up on the fly that I expect MatPat to make a 11 part series about it.

 

[TheBigZee]

@LurkTrawl

The law still would have required detecting the fetal heartbeat and informing the 10 year old of it's presence. That part of the law was crystal clear.

Section 2919.192 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

Section 2919.193 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

(F) "Medical emergency" means a condition that in the physician's good faith medical judgment, based upon the facts known to the physician at that time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.

Spoiler

Condition - This is a fact about the situation


Physicians good faith medical judgement - This is the standard to be applied. The physician is to apply their medical training. Barring mental health.


At the time - no further information is required. The physician only needs the facts at hand.

necessitate (black's law):

As used in jurisprudence, the word “necessary” does not always import an absolute physical necessity, so strong that one thing, to which another may be termed “necessary,” cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. To employ the means neccssanj to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means without which the end would be entirely unattainable. McCulloch v. Maryland, 4 Wheat. 310, 413, 4 L. Ed. 579. As to necessary “Damages,” “Deposit,” “Domicile,” “Implication,” “Intromission,” “Parties,” “Repairs,” and “Way,” see those titles.

That statute earlier defers to the doctors good faith judgement. It puts no conditions on the necessity or further guidance. The doctor alone determines whether the abortion was necessary under this exception to violating the statute. There are further requirements beyond necessary though

It also requires immediacy.

Immediate (Black's law):

Immediate - "Present; at once; without delay ; not deferred by any interval oftime. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any considerable loss of time.Immediately does not, in legal proceedings, necessarily import the exclusion of any interval of time, it is a word of no very definite signification, and is much in subjection to its grammatical connections."

This is important. You have to read the rest of the statute to see if the legislature clarifies a standard. They do - and clarify we are talking about temporal immediacy - delay.


Peformance or inducement - this is the act elsewhere defined as criminal.

to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman

This is the justification for the act. The legislature provided their own definitions. You use those rather than a law dictionary.

That brings us to the final part of the statute:

that delay in the performance or inducement of the abortion would create.

This clarifies the usage of immediate earlier. We are talking about immediate in the context of delay.

The statute puts that in the realm of medical judgement, not legal.

What does "immediate" mean in medicine when talking about situations that could result in death or severe injury? Exactly what immediate means - the smallest interval of time possible.

The statute requires that in a doctors best medical judgement, the abortion has to be both necessary and required immediately.

Can the abortion wait till tomorrow without substantially raising the risk. Then you have to conduct the ultrasound and tell the mother.

Ohio borrowed this part of the statute 100% from Right to Life's model heartbeat bill.

Even *if* the second exception allowed the abortion - the person who wrote that part of the statute (in 2016, this references indiana's bill currently being drafted. ) intended for her to have an ultrasound and be notified. He also believes she should have brought the pregnancy to term if possible.

10-year-old girl should have carried pregnancy to term, says lawyer w…

archived 17 Jul 2022 19:10:48 UTC

archive.ph

Edit: My opinion is that if Ohio wishes to allow some abortions but not others, then they need to make it a matter for the medical board to review. Not a criminal statute.

 

[derpherp2]

@LurkTrawl

The law still would have required detecting the fetal heartbeat and informing the 10 year old of it's presence. That part of the law was crystal clear.

Section 2919.192 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

Section 2919.193 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

Spoiler

Condition - This is a fact about the situation


Physicians good faith medical judgement - This is the standard to be applied. The physician is to apply their medical training. Barring mental health.


At the time - no further information is required. The physician only needs the facts at hand.

necessitate (black's law):



That statute earlier defers to the doctors good faith judgement. It puts no conditions on the necessity or further guidance. The doctor alone determines whether the abortion was necessary under this exception to violating the statute. There are further requirements beyond necessary though

It also requires immediacy.

Immediate (Black's law):



This is important. You have to read the rest of the statute to see if the legislature clarifies a standard. They do - and clarify we are talking about temporal immediacy - delay.


Peformance or inducement - this is the act elsewhere defined as criminal.



This is the justification for the act. The legislature provided their own definitions. You use those rather than a law dictionary.

That brings us to the final part of the statute:



This clarifies the usage of immediate earlier. We are talking about immediate in the context of delay.

The statute puts that in the realm of medical judgement, not legal.

What does "immediate" mean in medicine when talking about situations that could result in death or severe injury? Exactly what immediate means - the smallest interval of time possible.

The statute requires that in a doctors best medical judgement, the abortion has to be both necessary and required immediately.

Can the abortion wait till tomorrow without substantially raising the risk. Then you have to conduct the ultrasound and tell the mother.

Ohio borrowed this part of the statute 100% from Right to Life's model heartbeat bill.

Even *if* the second exception allowed the abortion - the person who wrote that part of the statute (in 2016, this references indiana's bill currently being drafted. ) intended for her to have an ultrasound and be notified. He also believes she should have brought the pregnancy to term if possible.

10-year-old girl should have carried pregnancy to term, says lawyer w…

archived 17 Jul 2022 19:10:48 UTC

archive.ph

Wait wait wait wait
"Right to Life" sounds familiar.
It's the organization that forced the Doctor's Organization/Hospital/Iforgotokaystfu to investigate her and find themselves of no wrongdoing. Alongside other similiar doctors with even more similiar MO's of gross negligence of laws they apparently don't agree with due to being in the exact opposite political spectrum.

Is this Political Grandstanding even fucking deeper than we realized? While at the same time being shallow?

 

[6MillionCoofs]

Is this Political Grandstanding even fucking deeper than we realized? While at the same time being shallow?

You know the answer to such a question is always yes.

 

[BelUwUga]

Even if it isn't reported... and maybe it's not good for the girl if it is... I hope the legal process investigates the parentage of whatever kids are all involved (who knows, there could be ten in the house), and what interactions with CPS, police, and abortion/pregnancy services the family has had. I'm beginning to suspect this is a can of worms. How long has the boyfriend been there? Was the raped girl his own kid? Who knows? This seems like a potentially even more horrific situation.

inb4 we find out the boyfriend is also the 10-year-old's father.

 

[TheBigZee]

@derpherp2

I'm specifically talking about the National Right To Life org:

National Right to Life | The nation's oldest & largest pro-life organization

www.nrlc.org

You'd have to find a press release to know if it was actually that org, or some rando group that also had "right to life" in it's name.