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Ex-nurse accused of raping woman loses appeal over HIV test

Posted at 7:03 AM, Jun 14, 2019
and last updated 2019-06-14 10:03:32-04

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.