A former nurse charged with sexually assaulting an incapacitated woman 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 an order from a lower court 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. The Maricopa County Attorney's Office, which is prosecuting Sutherland, declined to comment on the appeal. 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 long-term care since age 3 after suffering a near-drowning.
Investigators say Sutherland's DNA matched a sample from the woman's newborn boy, who is being cared for by her family.Hacienda fired Sutherland after his arrest. He has since given up his nursing license.
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