19-year-old sentenced to probation after girl taken from Idaho to Oregon for abortion
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POCATELLO – A 19-year-old was sentenced to probation after he and his mother took a girl to Oregon to get an abortion without her parents’ consent.
Sixth District Judge Rick Carnaroli sentenced Kadyn Leo Swainston in October to six years of probation after suspending his five-year prison term, which included a minimum of two years fixed and three years indeterminate.
The probation was part of the plea agreement the Pocatello man accepted, which dismissed his other charges, including felony second-degree kidnapping and three counts of felony sexual exploitation of a child through production.
He was given 60 days of discretionary jail time, meaning his probation officer can impose that term if warranted.
According to the plea agreement, “Swainston will not be required to register (as a sex offender) per Idaho Code as he was 18 at the time of the offense.”
Rachael Marie Swainston, his mother, was charged with second-degree kidnapping. EastIdahoNews.com contacted 6th Judicial District Judge Javier Gabiola’s office in March and was informed that her case had been sealed per a court order.
Background
According to court documents, officers with the Pocatello Police Department on June 18 spoke with the parents of the 15-year-old victim about the abortion.
Family members reported that the victim had been living with the Swainstons at the time and was impregnated before being taken to get an abortion without their consent.
The victim, interviewed by a therapist at a child advocacy center, said she had moved in with her boyfriend, Kadyn.
She stated that Kadyn was 17 at the time, and they were engaged in a sexual relationship. This continued after he had turned 18.
When the victim became pregnant, Kadyn allegedly told the victim that their relationship would be over if she did not get an abortion because he did not want to pay for any child support.
According to the document, the victim was apprehensive about telling her parents about her pregnancy or the abortion in case Kadyn got in trouble, but she wanted to tell them.
The victim stated that Rachael had threatened to kick her out of the home before she had a chance.
She said Rachael had rented a car and made the appointment for the abortion, and the procedure was performed on May 19, 2023.
The document states the victim was kicked out of the home after the abortion.
A few months later, on Sept. 1, 2023, the victim provided officers with documents from the facility where the abortion was performed.
Within the documents, the victim was screened for STDs, and she had tested positive for chlamydia. The victim also informed Kadyn of the results.
The victim told officers she was treated for multiple sexually transmitted infections.
Officers asked if there was any evidence of the sexual relationship between her and Kadyn and were informed that they had used their phones to take photos and videos of their sex acts. She said this was Kadyn’s idea.
Officers in September had obtained a car rental agreement that showed Rachael did rent a car in May. A search warrant for the Swainstons’ phones showed that they and the victim had traveled to Oregon.
A search warrant was served on the Swainston home on Oct. 26, 2023. Officers were able to match the decor inside the home from the photos and videos that were recovered from the victim’s phone.
Kadyn’s scars and tattoos were visible in the explicit materials.
Kadyn and Rachael agreed to speak with officers, who both confirmed they went to Oregon for the abortion, but Rachael said the victim and her son had agreed to it. She denied coercing the victim into getting the abortion.
Kadyn confirmed he was in a sexual relationship with the victim. He knew the victim was also 15 at the time. He also told officers that he was treated with the same STDs for which the victim was treated.