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Lawsuit: After Abortion, Planned Parenthood Returns 13 Year-Old To Father Who Sexually Abused Her

Barbara Boland
By Barbara Boland | July 14, 2014 | 2:51 PM EDT

A Colorado mother is suing Rocky Mountain Planned Parenthood for giving her 13 year old a secret abortion and sending her back with the man who was sexually abusing her, following the abortion procedure in 2012. 

Cary Smith, the girl's mother, has filed a lawsuit accusing Planned Parenthood of failing to report suspected child abuse to authorities even though the workers at the clinic were mandatory reporters, and allowing the 13 year old girl's stepfather to continue abusing her in secret. The suit is for negligence, extreme and outrageous conduct, and negligent affliction of emotional distress.

The suit alleges that Planned Parenthood had:

Multiple failures to inquire about how a thirteen-year-old girl became pregnant, or what her relationship was to the adult man who brought her [in] for an abortion, despite numerous opportunities to speak to the girl alone; their failures to report known or suspected sexual abuse despite numerous indications that the man had sexually abused the girl; and administration of a long-term and undetectable form of birth control to the girl despite her fear of needles, all of which enabled the man to continue his years of sexual abuse of the girl without discovery or consequence.

According to the suit, Smith's 13-year-old daughter, R.Z., filled out some of the paperwork at the clinic, but her stepfather, Timothy David Smith, filled out the rest and took the liberty of writing himself in as her "father." However, throughout the appointment, R.Z. referred to him as "Tim" and not "dad."

The Planned Parenthood workers allegedly talked to R.Z. and Smith about birth control, and Smith recommended an injection so that R.Z.'s mother would not discover she was on birth control. R.Z. didn't like shots, so she refused at first but Smith directed her to agree to the injection. According to the suit, some or all of the workers were present for "a portion of this conversation, but did not question R.Z. regarding the situation or potential sexual abuse."

The lawsuit includes horrific and heartbreaking details: The mother was never contacted about the abortion. During the abortion, the girl's rapist left to get lunch and R.Z. was left alone. When R.Z. was released from recovery, Planned Parenthood allowed her to locate him in the parking lot. Apparently, Smith began abusing her sexually at six-years-old and the child did not realize his actions were criminal.

Although Colorado law requires health workers to notify authorities of suspected child sex abuse, the suit says that no one told the authorities - or the girl's mother. The abuse continued.

R.Z.'s mother did not learn of the secret abortion or birth control injection until after R.Z. told her mother about the abuse two months later. Her mother then had R.Z. rushed to the hospital, and reported the suspected abuse to authorities.

It wasn't until the mother contacted Planned Parenthood for the medical records that she found out about the secret abortion.

The stepfather, Timothy Smith, was subsequently arrested and charged with several felony counts related to his sexual abuse of R.Z. He pled guilty to two counts.

Planned Parenthood is the country's largest abortion provider, and made $1.21 billion in fiscal year 2013.

h/t: LiveAction


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