Victory against Planned Parenthood that Failed to Report Incest and Rape of Minor

Denise Fairbanks thanks Life Legal for their support!

Denise Fairbanks, victimized by both her father and Planned Parenthood, has resolved her case against the nation’s largest abortion provider after filing a lawsuit that 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. 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.

Thanks to our faithful donors, Life Legal Defense Foundation was able to support Ms. Fairbank’s case. She 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.”

LLDF observed several favorable outcomes as a result of the resolution of both Roe’s and 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.