PHOENIX (AP) — A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix has appealed a court order requiring a test to determine if he has HIV.
Nathan Sutherland's lawyer says the lower-court order should be overturned because there is no evidence suggesting his client has a sexually transmitted disease.
Attorney Edwin Molina says such a test would violate Sutherland's protections against unreasonable searches and seizures.
Prosecutors have cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease.
Authorities say Sutherland was working as a nurse at Hacienda Healthcare when he raped the 29-year-old victim.
Sutherland pleaded not guilty to the charges and gave up his nursing license.
