Nathan Sutherland, a former licensed practical nurse, employed by Hacienda Healthcare who have been charged with raping a woman who was incapacitated at the health facility located in Phoenix has filed an appeal against a court order requiring him to take an HIV test and other tests determining if he has sexually transmitted diseases.
Sutherland’s lawyer Edwin Molina said in the appeal which was filed asked for the order be overturned because there is no evidence suggesting Sutherland has sexually transmitted diseases. It also violates his constitutional rights against an unreasonable search and seizure.
Prosecutors quoted a state law which says, individuals who have allegedly committed sexual assault, could be tested for sexually transmitted diseases. The test results would be given to the victims.
Thirty-seven-year-old Sutherland is said to have been working at Hacienda Healthcare when he allegedly raped his victim who was 29-years-old. The woman had been residing at the facility since she was three years old after she became incapacitated after nearly drowning.
The woman gave birth to a boy on Dec. 29, 2018. Staff at the facility said they were unaware the victim was pregnant.
Law enforcement says DNA from Sutherland is a match to the baby boy, who lives with the woman’s family. Sutherland has pleaded not guilty.
Written by Barbara Sobel
Fox10: Ex-nurse accused of raping Hacienda Healthcare patient appeals HIV testing order
NBC News: Ex-nurse accused of raping incapacitated patient appeals HIV-testing order
Featured and Top Image Courtesy Of Maricopa County Sheriff’s Office – Creative Commons License