13-Year-Old Rape Victim Had Abortion, Now the Baby Could be Used to Prosecute the Rapist

State   |   Micaiah Bilger   |   Dec 24, 2015   |   11:41AM   |   Denver, CO

Five years after a 13-year-old Denver, Colorado teen was raped, her aborted baby’s body could be used as evidence to convict her alleged rapist.

A police investigator collected the 13-year-old’s aborted baby from a Denver Planned Parenthood clinic after she was raped and had an abortion in 2010, NBC 9 News in Colorado reports. The baby’s body was frozen and stored in the Denver police evidence vault, where it awaits testing, according to the report.

The report continues:

The story begins in late March 2010 when the girl made up a story about where she planned to spend the weekend and instead went with a friend to a home in the 3900 block of Kalamath Street. While they were there, the girl later told police, she drank orange soda that “tasted funny,” according to court documents. At some point, she passed out on a staircase before later awakening in a bed and concluding that she had been sexually assaulted.

Her mother took her to a hospital, and a rape kit led to a DNA profile of a suspect.

Within weeks, the girl learned she was pregnant and she ultimately decided to have an abortion at a Denver Planned Parenthood clinic. After the procedure, according to court documents, a Denver detective went to the clinic and obtained the fetus, which was frozen for later testing at the department’s crime lab.

Police arrested suspect Gabino Otero-Labra, 30, in November after a long search for the suspect. Police discovered him after his DNA was entered into a national database following a drug-related crime in Minnesota, according to the report. He was jailed and charged with sexually assaulting the girl, the report states.

The baby’s DNA could be a major part of the case, prosecutors said. Otero-Labra is scheduled to be back in court in February.

Those involved in the case say it is unusual for an aborted baby’s body to be collected and used as evidence in sexual assault cases.

“I’ve never seen it before,” said defense attorney Dan Recht. “It’s certainly unusual. And in the same breath let me say I don’t believe there’s anything inappropriate about it. It will help the police and the prosecution establish who the father is through DNA, and so it seems reasonable to me even though it seems highly unusual.”

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After resolving the case, Denver District Attorney Mitch Morrissey said he want to give the aborted baby a more dignified resting place. However, authorities will have to work around a Colorado state law that requires that DNA evidence be kept for the life of the suspect in sexual assault cases, according to the report.

“Obviously, this kind of sample really pulls on people’s hearts for a lot of different reasons when you’re talking about a fetus,” Morrissey said. “But it is something that hopefully, at the end of the case, we can come to an agreement with the defense that a sample would be kept, but just a sample. And then we’d have a cremation – that type of thing for the fetus.”

Though tragically the unborn baby was not given the chance at life, at least some authorities believe the child’s body should be treated with the dignity that he or she deserves. This is the same Denver-based Planned Parenthood that was caught selling body parts from aborted babies.

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