Ex-nurse accused of raping woman loses appeal over HIV test
PHOENIX (AP) — A former nurse charged with raping and impregnating an incapacitated patient at a long-term care center in Phoenix has lost his appeal of a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.
The Arizona Court of Appeals on June 3 declined Nathan Sutherland’s bid to undo the requirement.
Sutherland argues there’s no probable cause to believe he has a sexually transmitted disease.
The test was ordered under a law that says people accused of sexual assault are subject to STD tests.
Prosecutors say the law’s absence of a probable-cause requirement doesn’t violate constitutional protections.
Authorities say Sutherland was working as a nurse at Hacienda Healthcare in Phoenix when he raped the victim.
Sutherland pleaded not guilty to the charges.