An Idaho mother and son have been charged with second-degree kidnapping for allegedly taking an underage girl across state lines for an abortion without her parents’ knowledge.
Idaho police started investigating Kadyn Swainston and his mother, Rachael Swainston, after the girl’s mother reported to police that her daughter had been sexually assaulted and taken to Oregon for an abortion earlier this year.
The girl, who was supposed to have been living with her father, had instead been living with the Swainstons for six months, according to court records obtained by the Guardian. She had been in a consensual sexual relationship with Kadyn Swainston since she was 15 and he was 17, and the relationship continued after he turned 18, the girl told police. She said she became pregnant around the time of Kadyn Swainston’s 18th birthday.
The girl said that she was “happy” to learn she was pregnant, but said Kadyn Swainston told her that he would not pay child support and that the relationship would be over if she gave birth, court records show. The girl also said that Rachael Swainston made the arrangements for the girl to have an abortion. Rachael Swainston told the girl that Kadyn Swainston would get in trouble because he was over 18, and threatened to kick her out of the house if she revealed she was pregnant to her parents, police said.
The girl obtained an abortion in Oregon in May, she said. Police used cellphone data to confirm that her phone, Kadyn’s phone, and Rachael’s phone traveled to Oregon together around the time of the procedure, court records show.
Idaho bans almost all abortions. The Swainstons have not been charged under Idaho’s so-called “abortion trafficking” statute, a first-of-its-kind law that penalizes people who take minors across state lines for abortions without their parents’ consent. However, their charges are already being held up as a test case for the highly controversial statute, which is now at the center of a lawsuit filed by abortion rights supporters.
At least one anti-abortion website has also covered the case as evidence of the need for laws that require minors to get their parents involved before having an abortion.
Eventually, the girl was told to leave the Swainstons’ house, she told police.
During their investigation, police found sexually explicit video and photos of the girl and Kadyn Swainston – some of which were captured after Kadyn’s 18th birthday, according to court records.
In addition to the kidnapping charge, Kadyn Swainston has been charged with rape and three counts of producing child sexually exploitative material. Kadyn Swainston told police he had sex with the girl, and that he and his mother took the girl to Oregon, where she obtained an abortion.
Rachael Swainston is also facing multiple drug charges. She told police she did take the girl to Oregon for an abortion, according to court records. But Rachael Swainston said the abortion was a mutual decision by Kadyn Swainston and the girl, and denied coercing the girl into the procedure.
Court records show both Swainstons have been assigned a local public defender. The public defender’s office did not immediately return a request for comment.
