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Prosecutors push for HIV test for nurse accused of rape

AP Hacienda file pool photo Nathan Sutherland.jpeg
Posted at 9:57 PM, May 24, 2019
and last updated 2019-05-25 00:57:35-04

PHOENIX (AP) - Prosecutors are asking the Arizona Court of Appeals to reject arguments that an order for a nurse accused of raping and impregnating an incapacitated patient at a long-term care center to take an HIV test is unconstitutional.

Nathan Sutherland argues such a test would violate his protections against unreasonable searches and seizures and that 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.