Idaho man charged with kidnapping after taking girlfriend to Bend for abortion

Published 12:31 pm Wednesday, November 1, 2023

An Idaho mother and son have been charged with kidnapping and rape after transporting a 15-year-old girl from Pocatello, Idaho, to Bend for an abortion.

Kadyn Leo Swainston, 18, has been charged with one count of rape, one count of kidnapping in the second degree, and three counts of sexual exploitation of a child, according to a criminal complaint in Bannock County District Court. His mother, Rachel Swainston, who assisted Kadyn in transporting his girlfriend to Bend, has likewise been charged with kidnapping.

Police found out about the alleged sexual assault and abortion after the minor’s mother, Ashley Diamond, contacted the Pocatello Police Department in June, the court document states. She said her daughter, identified in court documents only as K.B., admitted to having a sexual relationship with Kadyn Swainston. K.B. also told her mother the pair brought her to Bend in May after she became pregnant.

Oregon does not have any legal restrictions on abortion. There are no waiting periods, no gestational limits and minors under the age of 15 are not required to obtain parental consent. In contrast, Idaho considers abortion at all stages of pregnancy a felony.

There is also a law in Idaho against “abortion trafficking,” which prohibits minors from crossing state borders to obtain an abortion without parental consent. The Swainstons are not being charged under the abortion trafficking law, but the criminal complaint mirrors the law almost verbatim, stating:

“Rachel Marie Swainston … did without authority of law, lead, take or entice away K.B., a child under the age of 16 … with intent to keep or conceal K.B. from her custodial parent, guardian or other person having lawful care or control thereof … by transporting the child out of the state for the purpose of obtaining an abortion.”

K.B. supplied the Pocatello Police with her after-visit summary from Bend Planned Parenthood, which confirmed she obtained a medical abortion and was screened for sexually transmitted diseases, the court document states. She was approximately six weeks pregnant at the time of the abortion.

According to K.B., Rachel Swainston made the arrangements with Planned Parenthood in Bend after K.B. refused to make the call personally, the court document states. It was Rachel Swainston who rented a car and arranged for the three to stay in a hotel. As part of the investigation, police obtained a warrant for Kaden and Rachel Swainston’s phone records, which confirmed the two were in Bend on the date of the abortion.

In an interview with police, Kadyn Swainston admitted to having sex with K.B. despite knowing she was 15 years old and confirmed he got her pregnant. Kadyn also admitted to traveling with his mother and K.B. to Bend and that K.B. had obtained a medical abortion, the court document states.

Rachel Swainston likewise admitted to renting the car the group used to get to Bend and that she did not seek consent from K.B.’s parents. She also stated they chose Bend for the procedure because clinics in Utah required parental consent.

The Swainstons were arraigned on Friday and have separate preliminary hearings set for Nov. 7.

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