A Phoenix, Arizona, judge recently ruled that Planned Parenthood was negligent for failing to report to authorities the statutory rape of a 13-year-old girl until she came in for her second abortion.
The case began in November 1998 when the then 13-year-old known as Jane Doe had been living in a foster home. Sexual intercourse with her then 23-year-old foster brother resulted in two pregnancies. Both pregnancies ended in abortion—six months apart.
Under state law, anyone giving care to a minor is required to report any incidents they reasonably believe involve child molestation or sexual contact with a minor. Moreover, an Arizona law enacted in 2000 requires girls under 18 to get parental (or guardian) permission for an abortion unless they seek court approval.
“This case should prompt prosecutors to check if Planned Parenthood or abortion clinics in their community have been complying with laws requiring the reporting of suspected child sexual abuse,” said Concerned Women for America’s Senior Policy Director Wendy Wright. “Many of these clinics boast of providing contraceptives and abortions to minors. According to statistics, at least some of these minors are victims of pedophiles.”
The Arizona chapter of Planned Parenthood that rendered the abortion services to Jane Doe notified child protective services only after the second abortion. Child protective services then contacted local police. The perpetrator was arrested, confessed to the crime and entered a guilty plea. He is now serving a prison term.
Maricopa County Superior Court Judge Cathy Holt ruled in November 2002 that Planned Parenthood was negligent in failing to notify authorities when the girl had her first abortion.
“Some contraceptive and abortion clinics, when confronted, claim they report—but where’s the proof?” Wright asks. “With the high rates of statutory rape, the clinics should be able to point to several prosecutions that resulted from their reporting. Yet none have come forward with this information.”
Planned Parenthood defended its position of not reporting the abortion by claiming “it does not follow that the negligence caused the damages,” and “no reporting would have been required if she had been eight months older.”
However, Jane Doe (now 17) is suing Planned Parenthood for physical and psychological damages she endured during the six months of continued sexual abuse.
“We just want fair compensation,” said Doe’s attorney, James Hart, in a January 9 appearance on FOX News Channel’s O’Reilly Factor. He alleged no specific amount.
Hart said his client is doing “fairly well under the circumstances” and undergoing a battery of psychological testing. A hearing to set a trial date is scheduled for next month.
Jane Doe currently resides in a group foster home. She will be released from the foster care system next year when she turns 18.
