A 15-year-old girl was allegedly helped by an 18-year-old boy and his mother to obtain an abortion out-of-state without her parents’ consent. As a result, they are facing several felony charges, including kidnapping, in Idaho.
According to records viewed by the Idaho State Journal, Kadyn Swainston, 18, and Rachael Swainston, 42, from Pocatello, Idaho, were arrested in late October after a 15-year-old girl was reported to have been raped and taken across state lines to receive an abortion. The investigation lasted for several months before the arrests were made.
Ms. Swainston, the accused’s mother, has been charged with multiple felonies, including second-degree kidnapping. Just a few months after Idaho implemented the “abortion trafficking” law, which forbids adults from assisting minors in obtaining an abortion without parental consent, the charges and case were brought forward.
While the state’s “abortion trafficking” law is currently being challenged, Mr. Swainston and his mother are not charged under it. However, the language used in the kidnapping charges is similar to that of the controversial law. Idaho’s anti-abortion laws have had a significant impact on the lives of everyday citizens, but the details of the case are unclear and leave much room for interpretation.
In August, during an interview with local child advocacy center authorities, the girl disclosed that her relationship with Mr. Swainston was consensual. She further revealed that they engaged in sexual activity when he was 17, but it continued even after he turned 18. As per the court documents reviewed by The Guardian, the Swainstons had been providing shelter to the teenage girl, even though she was supposed to be residing with her father.
According to The Idaho State Journal, Mr. Swainston reiterated the same statements during a separate police interview.
According to investigators, the girl revealed that she found out about her pregnancy on Mr. Swainston’s 18th birthday and felt delighted about it. She stated that Mr. Swainston demanded her to have an abortion; otherwise, he would not provide any child support and end their relationship. Authorities were informed by the mother of a teenage girl that Mr. Swainston and his mother had taken her daughter to Bend, Oregon, for an abortion without her consent.
According to the police report, the young woman stated that she accompanied Ms. Swainston and Mr. Swainston to an abortion clinic in May, where they had rented a car for the journey.
During the search of Mr Swainston and his mother’s residence, authorities reportedly uncovered more than 40 grams of meth, along with fentanyl and psychedelic mushrooms in possession of Ms Swainston. Additionally, they discovered a man who was wanted for arrest, residing in Ms Swainston’s shed.
Ms. Swainston faced charges of possessing controlled substances, drug trafficking, and being an accessory to concealing or harboring a felon.
On November 7th, both the mother and son are scheduled to attend preliminary trial hearings. The allegations in this case have increased attention on Idaho’s “abortion trafficking” law, even though the charges are not directly linked to it. In May, Idaho made history as the first state in the country to implement a law that prohibits minors from seeking abortions or obtaining abortion medication outside of the state.
The anti-abortion laws in the state were triggered by the overturning of Roe v Wade by the Supreme Court, and nearly a year later, a law was enacted that outlawed abortions in almost all cases. The only exceptions were in cases of rape or incest, provided there was a police report associated with the exceptions.
In Idaho, the attorney general holds the power to press charges against an adult, if the county prosecutor chooses not to exercise their discretion, as per the law.
Advocacy groups including Northwest Abortion Access Fund, Indigenous Idaho Alliance, and individual plaintiff Lourdes Matsumoto are challenging the “abortion trafficking” law, arguing that it violates a person’s right to interstate travel and infringes on the First Amendment. The district court is currently still in the process of addressing the challenge against Idaho’s law.
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