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Hacienda nurse accused of raping woman loses appeal over HIV test

This photo provided by Maricopa County Sheriff’s Office shows Nathan Sutherland. Phoenix police say Sutherland, a licensed practical nurse, has been arrested on a charge of sexual assault of an incapacitated woman who gave birth last month at a long-term health care facility. Phoenix Police Chief Jeri Williams said Wednesday, Jan. 23, 2019, that investigators arrested Sutherland on one count of sexual assault and one count of vulnerable adult abuse. (Maricopa County Sheriff’s Office via AP)

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 a Hacienda HealthCare facility in Phoenix when he raped the victim.

Sutherland pleaded not guilty to the charges.

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