Burley Garcia|Idaho mother, son face kidnapping charges in 15-year-old girl's abortion in Oregon

An 18-year-old Idaho man and Burley Garciahis mother have been charged after a 15-year-old pregnant girl said she was taken to Oregon for an abortion without consent from her parents, prosecutors said.

The 18-year-old was charged with rape, second-degree kidnapping and three counts of production of sexually exploitative material with a child, according to court records. His mother, a 42-year-old woman, was charged with second-degree kidnapping.

"In this case, the child wanted to contact her parents regarding the situation before leaving the state" but the 18-year-old and his mother wouldn't let her, Bannock County Prosecuting Attorney Erin Tognetti said in a statement to USA TODAY.

David Martinez, a public defender for the mother-son duo, did not respond to USA TODAY’s requests for comment. But according to court documents, the mother said both her son and the girl agreed to get the abortion and she did not coerce the girl into doing it.

Abortion was already illegal in Idaho but in April, the state became the first to ban “abortion trafficking.” Republican Gov. Brad Little signed a bill into law deeming it illegal for adults to take pregnant Idaho girls to get abortions without parental consent, Stateline reported.

But with other criminal allegations in play, the prosecution of the mother and son isn't actually based on the abortion nor the "trafficking" statute, Tognetti said.

"The child’s abortion is not an element of the charged offense, and the Idaho Abortion Trafficking statute is not implicated in this case," Tognetti said.

Both the 18-year-old and his mother were booked into jail on Oct. 27 and then released, online court records show.

The mother and son were scheduled for preliminary hearings Tuesday, but Tognetti told USA TODAY Tuesday afternoon that both hearings were continued.

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Woman calls police about sexual assault of girl

Police got involved after a woman contacted officers in Pocatello, Idaho on June 18 to report a 15-year-old girl who was sexually assaulted while living with her boyfriend's family, according to court documents. The woman also said the girl was pregnant and then taken to Oregon for an abortion without parental consent.

The woman told police the girl was supposed to be living with her father at the time everything occurred.

Officers spoke with the girl’s mother, who told investigators neither parent gave the girl's boyfriend and his mother permission to take the teenager out of state, court documents show.

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Victim says 18-year-old threatened to break up with her if she did not have abortion

The girl was also interviewed by a therapist at a child advocacy center and during that interview, said she had lived with her boyfriend and his mother for about six months and had a sexual relationship with the 18-year-old.

According to a probable cause affidavit, the girl said initially she was afraid to tell her parents about the pregnancy because she didn’t want to get her boyfriend in trouble, but later changed her mind. When she was preparing to break the news to her parents, her boyfriend's mother threatened to kick her out of the house.

His mother made plans for the girl to get an abortion and on May 18, rented a car and drove the girl to Oregon. The abortion was done the next day and afterwards, the girl was kicked out of the mother and son’s home.

The girl also told police that during her relationship with her boyfriend, he suggested they use their cell phones to take photos and videos of them having sex. Officers took the media from her phone. Although the male’s face wasn’t visible in the footage, officers made note of his tattoos and scars, as well as the surroundings in the photos and videos.

Rental car agreement matches date victim says she got an abortion, police say

In September, officers received a rental car agreement matching the dates the victim said she was taken to Oregon for the abortion.

They also looked at call records and concluded that her boyfriend's phone, his mother’s phone and the victim’s phone traveled to Oregon together that day.

Officers secured a search warrant on Oct. 26, allowing them to search the suspects' home. According to police, the boyfriend's scars and tattoos matched the ones visible in the recordings on the girl’s phone. Décor in the footage on the victim’s phone also matched the home they were searching.

Police said the 18-year-old boyfriend agreed to speak with them and admitted he had a sexual relationship with the victim and knew she was 15. He also admitted to taking the trip to Oregon for the abortion.

His mother agreed to speak with officers as well and confirmed taking the girl to Oregon for the abortion, but she denied any coercion, reports say.