Teen Forced To Abort Child

Source: Wichita, Kansa

- The 14-year-old girl who has been at the center of controversy over her late-term abortion apparently is in Kansas now. The girl, now a ward of the court, went to Kansas this week accompanied only by a volunteer court-appointed special advocate, according to documents released Tuesday by the Arizona Supreme Court. In a dissenting opinion, Chief Justice Thomas Zlaket and Vice Chief Justice Charles Jones implicitly criticized Gov. Jane Hull and Attorney General Janet Napolitano for waffling on the case. Meanwhile, Glendale, Arizona police are attempting to determine the identity of the father of the 14-year-old girl's unborn child. They launched the investigation last week at the request of the Maricopa County Attorney's Office. The girl's abortion was delayed last week after someone leaked information to pro-life groups, who protested to lawmakers and Gov. Hull. The girl, who is 24 weeks pregnant, has been in and out of foster care since age 5. She is in Kansas for the abortion, which could take up to three days because her pregnancy is so far along. In his opinion, Jones raises questions about the legality of allowing the girl to travel out of state "solely in the company of a civilian volunteer," suggesting that the move was a dangerous precedent. He also suggested the girl, a chronic runaway, could flee. In a 3-2 ruling Sunday, the Supreme Court lifted a stay on the abortion issued by an appellate court judge on Saturday. Jones' opinion questioned who paid for the civilian volunteer's plane ticket, since no state funds were used. State officials have maintained that federal, not state, funds would be used for the abotion. Federal funds may be used for abortions only in cases of rape, incest or if the life of the mother is in danger. Zlaket pointedly criticizes Hull and Napolitano for changing their positions on the case. Hull initially said there was little she could do to stop the abortion but changed her mind after a storm of criticism from lawmakers, citizens and talk-radio callers. The state "still offers no explanation for its sudden and dramatic turnaround," Zlaket wrote, adding state attorneys admitted "its knowledge of all relevant facts remained substantially the same throughout these proceedings." "Nevertheless, it's abrupt change of position led to legal maneuvering that brought the 'deadline' perilously closer," Zlaket wrote. In court documents, the justices reported that attorneys argued that a decision was necessary Sunday because of time restrictions imposed by the Kansas abortionist who was expected to perform the abortion. Outside his Wichita abortion facility, a small group of pro-life supporters stood in the rain Tuesday, praying and reading Scripture aloud in one last attempt to dissuade the 14-year-old Arizona girl from geting the abortion. "We know the success (rate) is pretty minimal, but we don't have a choice," said Greg Davidson, who has followed news about the Arizona girl and faults the state for approving the abortion. "If you are a bean counter, we (look like) fools." The girl is apparently not cooperating with Glendale detectives attempting to determine the father. Sally Harper, the fiancee of the James Hawkins, the girl's maternal uncle, thinks she knows why. "She was in love with this guy," Harper said. "At that age, I don't know if you know what love is." Officer Brian Wilkins, a Glendale police spokesman, said that after negotiations with the Department of Economic Services and a lawyer representing the girl, Glendale investigators finally made contact on Friday and had an interview in which she was less than forthcoming in providing information. "But this doesn't mean that she may not provide us with information at a later date," he said. Despite the girl's reluctance to discuss the matter, county prosecutors want Glendale police to persist with the investigation, Wilkins said. Court officials have said the girl may have been raped. The man is reportedly eight or nine years older than the girl, which makes any sexual relationship with the girl "sexual assault" under Arizona law. According to state law, having sex with a child under age 15 is a Class 2 felony, the second-most serious felony, and punishable by fines and prison time. And although having sex with a minor who is 15 or older is against the law - a Class 6 felony, the least serious - the chances of not being prosecuted are good if the relationship is consensual. Until 1994, the legal age of consent was 14, and few defenses existed for adults caught having sex with a minor. But state lawmakers raised the age of consent to 15 and made it OK "if the victim is 15, 16, or 17, and the defendant is younger than 19 or attending high school and is no more than 24 months older than the victim and the conduct is consensual." The likelihood of prosecution varies from case to case. As in this case, not all minors are willing to participate in prosecution. Still, with enough concrete physical evidence, cases such as this one can be prosecuted even without help from the victim. Investigators are looking at evidence that has been gathered in the case, including a letter written by the girl to another person, whom Wilkins would not identify. "The letter is being examined for possible leads," Wilkins said. "It could prove to be vital in the case; then again it could prove not to be." Police said that earlier this year, the girl, then 13, was taken into juvenile custody for false reporting, a misdemeanor, after she provided a false name during after a non-injury traffic accident May 7. Glendale Officer Danny Garcia said the girl eventually admitted she was lying, then added that she was only 13, pregnant, a runaway and was living on the street and that her mother was dead. Wilkins said the girl said nothing to Garcia about being a rape victim.