Incest Victim Forced Into Abortion By Her Rapist Father, Sues Planned Parenthood For Failure To Report the Crime

“A child abuse victim has settled with Planned Parenthood, after a lawsuit included multiple charges such as failure to report incestuous statutory rape and sexual abuse of a minor by her father. The case, Denise Fairbanks v. Planned Parenthood Southwest Ohio Region et al., filed by Denise Fairbanks in the Hamilton County Ohio Court of Common Pleas on May 7, 2007, named Planned Parenthood, Southwest Ohio Region, in failing to report the abuse committed by her father.

The Life Legal Defense Foundation (LLDF) supported Denise, who had been sexually abused by her father from the time she was 13. When she became pregnant at age 16, her father took her to Planned Parenthood for an abortion. Although she informed the abortion clinic staff that she was being forced to have sex, they chose not to comply with mandatory reporting procedures. The Planned Parenthood staff did not inform local law enforcement, nor did they make any further inquiries into Fairbanks’ paternal abuse. After the abortion, Fairbanks was returned to the same abusive situation, where she remained for another year-and-a-half. More than a year later, her father was apprehended through a report filed by Denise’s basketball coach, and sent to jail.

“This is just one of multiple cases that have demonstrated Planned Parenthood’s willingness to cover for sex offenders,” said Dana Cody, Executive Director of the Life Legal Defense Foundation. Cody was referring to another example, the case of Roe v. Planned Parenthood from the same Hamilton County Court, which was resolved last year. “What this young woman went through as a young teenager is horrifying enough,” added Cody. “She was forcibly raped, impregnated, forced to have an abortion, and then sent back for more abuse — a tragedy that Planned Parenthood could have prevented by simply complying with the law.”

After her lawsuit against Planned Parenthood was resolved, Denise Fairbanks remarked that it had been a long and difficult battle. “I am so grateful to Life Legal Defense Foundation for sticking by me throughout this ordeal. I would have never been able to fight this battle for over seven years.”

Attorney Brian Hurley, from the law firm of Crabbe, Brown & James LLP, who represented Ms. Fairbanks, stated only that the lawsuit had been resolved and dismissed. But LLDF observed several favorable outcomes as a result of the resolution of Fairbanks’ lawsuit against Planned Parenthood. Among the outcomes they noted were:

A confirmation that in Ohio, all abortion providers must obtain the written consent of at least one of a minor’s parents before an abortion can be performed on a minor.

An amendment to Ohio law establishing that minors who are victims of sexual abuse have the right to bring claims in civil actions against those individuals who breach their duty to report the abuse.

An amendment to Ohio law establishing that minors who are victims of sexual abuse have the right to seek punitive damages in civil actions to punish individuals and entities who breach their duty to report the abuse.

The finding by a nationally renowned, pro-choice psychologist that girls and women who have had abortions can, and often do, suffer from long-term and serious psychological problems as a result of abortions, something which Planned Parenthood continues to adamantly deny.

A confirmation that under Ohio law, girls and young women whose “informed consent” rights have been violated by abortion providers may seek injunctive relief in civil actions to prevent the abortion providers from violating those rights of other girls and women.

“Of course, we’d rather see Planned Parenthood hit with huge court-ordered fines and lose business licenses over this kind of reprehensible behavior,” said Cody, “but any progress toward championing the girls and women that abortion providers exploit is helpful.” She also noted the irony of Planned Parenthood touting child sexual abuse awareness workshops via the Web, even while being accused of continual cover-up of the sexual abuse of a minor. “Ms. Fairbanks’ case, like others before it, has demonstrated a disturbing trend in Planned Parenthood practice, a continued disregard for the health and well-being of women and children,” Cody added.

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4 Responses to Incest Victim Forced Into Abortion By Her Rapist Father, Sues Planned Parenthood For Failure To Report the Crime

  1. Jasmine says:

    Thank you for writing this. I live in New York and Planned Parenthood has always been one of the best options for uninsured women to receive gynecological care but I’ll try to spread the word to people I know what they’ve been doing. No one deserves to get ignored when they cry out for help.

  2. shanakd9 says:

    That is beyond unconscionable, spelling is probably wrong but you know what I mean. I can hardly stand to think of the criminal mind set of that! Turn a child back that they know has been raped by her father and never turn him in! They should be sued!

  3. little nel says:

    This post was eye opening. Denise Fairbanks was abused and forced into an abortion. Planned Parenthood’s policy of failing to report this crime, then to perform an abortion against the will of the mother is inexcusable.

    This is a shame that it took seven years in court to prove. This is physical, sexual, and psychological cruelty at it’s most effective levels for a woman or child.

    I hope that Denise Fairbanks receives a huge settlement and that Planned Parenthood is exposed for their illegal, immoral, and cruel treatment of this minor. They empowered a child rapist in his lust for using a minor as a sex slave.

    • Alethea says:

      Perfectly stated Little Nel. You put all the truth, and the impact of this girl’s experience, into a few simple paragraphs.

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