Former nurse accused of raping patient appeals HIV testing order

PHOENIX — A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has appealed a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.

A lawyer for Nathan Sutherland says in an appeal filed last week that a lower-court order should be overturned because there is no evidence to suggest his client has a sexually transmitted disease.

Attorney Edwin Molina says such a test would violate Sutherland’s constitutional protections against unreasonable searches and seizures.

Prosecutors have previously cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease. Such results are to be released to the victims.

Authorities say Sutherland, 37, was working as a licensed practical nurse at Hacienda Healthcare when he raped the 29-year-old victim, who has been in longterm care since age 3 after suffering a near-drowning.

She gave birth to a boy at the facility on Dec. 29. Employees said they had no idea she was pregnant.