Mother, son charged in case allegedly involving rape, kidnapping, abortion, sexual exploitation of a child

POCATELLO — An 18-year-old man has been charged after police say he engaged in a sexual relationship with a 15-year-old girl, making photos and videos of their sexual acts. The man’s mother has also been charged, for allegedly taking the girl to Oregon for an abortion without consent from the girl’s parents.

Kadyn Leo Swainston has been charged with rape, second-degree kidnapping and three counts of production of sexually exploitative material with a child, court records show. Rachael Marie Swainston, 42, has been charged with second-degree kidnapping.

A woman contacted Pocatello Police on June 18, reporting the sexual assault of a 15-year-old girl, according to an affidavit of probable cause.

The woman told police the victim was living with Kadyn and Rachael Swainston at the time of the assault and that the girl was impregnated and then taken to Oregon for an abortion without parental consent, the affidavit says.

Kadyn was allegedly dating the victim at the time and was engaged in a sexual relationship with her.

Aug. 2

Officers spoke with the parents of the victim, who confirmed they had not given the Swainstons consent to take the victim out of state.

The victim was interviewed by a therapist at a child advocacy center.

During the interview, the girl said she had moved into the home of her boyfriend, Kadyn, and his mother, the affidavit says. Rachael said she had been living there for about six months and that the two were engaged in a sexual relationship.

The relationship began when Kadyn was 17, the girl said, according to the affidavit, but continued after his 18th birthday.

She was pleased to learn that she was pregnant, the girl said, but Kadyn was not. Kadyn allegedly told the girl if she did not have an abortion, their relationship would be over, and he would refuse to pay any child support.

The victim initially did not want to tell her parents about the pregnancy or abortion for fear it would get Kadyn in trouble.

Eventually, she changed her mind, and when she was about to tell her parents, Rachael threatened to kick the girl out of the home, the girl said.

The victim said Rachael made arrangements for the abortion. Then, on May 18, Rachael rented a car and drive the victim to Oregon, where the abortion was performed on May 19.

According to the affidavit, after the abortion, the victim was kicked out of the Swainstons’ home.

Aug. 30

Search warrants for both Kadyn and Rachael’s phones were obtained and served, the affidavit says.

Sept. 1

The victim provided officers with an after-visit summary report from the facility where the abortion was performed.

As part of the procedure, the victim was screened for STDs. The victim told officers she received a letter three weeks later informing her she had tested positive for chlamydia. She said she opened the letter in front of Kadyn and informed him of the results.

She said she had to be treated for “multiple” sexually transmitted infections.

Officers asked the victim if she believed there to be any evidence of a sexual relationship between her and Kadyn. She allegedly told the officers that she and Kadyn had used their cell phones to take photos and videos of their sex acts — which was Kadyn’s idea, she said.

She provided officers with her consent to perform a forensic extraction of those files.

Sept. 5 to 6

Officers examined files taken from the victim’s phone.

During the analysis, officers noted tattoos and scars on the male — whose face was not visible — in the photos and videos for later comparison. They also noted the surroundings in the photos and videos for later comparison.

Sept. 14

Officers received a car rental agreement, showing Rachael had rented a car on May 18, as reported by the victim, as part of the search warrant served two weeks before.

They also began examining a call detail record received Sept. 11 as part of the search warrant served Kadyn’s cell phone service provider.

After completing their analysis of the call records, officers determined that the three phones belonging to Kadyn, Rachael and the victim traveled to Oregon together.

Oct. 26

Pocatello police officers served a search warrant at the Swainston home.

During their search, officers matched the scars and tattoos visible on the male in the photos and videos recovered from the victim’s phone. They also matched the decor inside the home to the backgrounds of the same photos and videos.

Kadyn allegedly agreed to speak with officers, confirming that he was engaged in a sexual relationship with the victim, and that he knew her to be 15 at the time.

He also admitted to traveling to Oregon with his mother and the victim for the purpose of having an abortion, and that he was treated for the same STDs for which the victim was treated.

Rachael agreed to speak with officers and confirmed she took the victim to Oregon for the abortion but said the abortion was agreed upon by the victim and Kadyn. She denied coercing the victim to have the abortion.

Both Kadyn and Rachael were taken to Bannock County Jail for booking. Both were released from jail on their own recognizance on Oct. 27.

In addition to the kidnapping charge, Rachael has been charged with felonies trafficking methamphetamine, willfully harboring a felon and two counts of a controlled substance.

Though Kadyn and Rachael have been charged with these crimes, it does not necessarily mean they committed them. Everyone is presumed innocent until they are proven guilty.

Both are scheduled to appear in court Nov. 7 for preliminary hearings.