COLUMBUS, Ohio — The man accused of raping and impregnating a 10-year-old girl will be held without bond pending his trial, a judge ruled Thursday.
Gerson Fuentes, 27, is facing two counts of rape of a child under the age of 13. If convicted, he faces a maximum sentence of life in prison without any possibility for parole.
The next step in the case will be for a trial date to be set.
In the case that has drawn international attention over abortion rights, the child went to Indiana last month to get an abortion because Ohio had banned the procedure for most cases after the Supreme Court overturned Roe v. Wade. Fuentes’ arrest on July 12 further confirmed the story that was first reported by the Indianapolis Star, part of the USA TODAY Network, after it drew scrutiny by abortion opponents.
Thursday morning, Columbus police Det. Jeffrey Huhn testified the child had identified Fuentes as the man who assaulted her. Huhn also provided a clearer timeline of the investigation into the case during the hearing.
Franklin County Children Services received a referral on June 22 regarding the child being pregnant and made a report to Columbus police, Huhn testified. The girl underwent a forensic interview on June 23, at which point she did not acknowledge being assaulted or identify a suspect.
The girl’s mother sought a consultation in the Columbus area for a potential abortion, Huhn testified, but because of the estimated gestational age, the procedure could not be performed in Ohio. A call was made to Indianapolis and the girl traveled there on June 29.
After a consultation in Indianapolis, the girl had to wait 18 hours before the procedure, which was done through medication, took place on June 30, Huhn said.
On July 6, a second interview was done with the girl, who acknowledged, nonverbally, that Fuentes assaulted her, Huhn said. Fuentes provided a DNA sample on that day, according to the testimony on Thursday morning.
A second DNA sample was obtained through a search warrant July 12 and an interview was done, during which an interpreter was used and Fuentes admitted to sexually assaulting the girl on at least two occasions while she was 9 years old.
OHIO LAW, EXPLAINED:Why did a 10-year-old child have to leave Ohio to get an abortion?
BACKGROUND:Man indicted in rape of 10-year-old Ohio girl who traveled to Indiana for abortion
Suspect held without bond
In arguing for bond, Bryan Bowen, Fuentes’ attorney, said Fuentes had no criminal history and while he is a native of Guatemala, Fuentes has lived in Columbus for seven years. Earlier, Huhn noted that Fuentes was not able to be found in any law enforcement databases or any footprint of his being in the country legally.
Assistant Franklin County Prosecutor Dan Meyer argued that Fuentes should be held without bond because of the potential risk he poses to the community, as well as his likelihood of appearing at future hearings.
“This is a 10-year-old child who didn’t ask for any of this,” Meyer said.
Franklin County Common Pleas Court Judge Julie Lynch agreed.
“This court would assume if there were documentation proving this defendant was in this country legally, it would have been presented here today,” she said. Allowing for the possibility of Fuentes to be released on bond would cause a “traumatic and psychological impact” for the alleged victim, she added.
For a no bond decision to be issued by a judge, they must consider the nature of the alleged crimes, the weight of the evidence in the case, the ties to the community the defendant might have, as well as the safety of the public and the likelihood of the defendant to appear at future hearings.
INDIANA DOCTOR:Provider who shared 10-year-old’s abortion story did not violate HIPAA, officials say
TRIGGER LAWS:Legal fights over abortion ‘trigger laws’ continue across US: What to know, state by state
Contributing: Monroe Trombly, Columbus Dispatch; Tony Cook, Indianapolis Star
