Ex-Nurse Accused of Raping, Impregnating Incapacitated Woman in Phoenix Appeals STD Testing Order

A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a Phoenix long-term care facility has appealed a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.

Nathan Sutherland is seen in a booking
photo released by the Maricopa County
Sheriff’s Office on Jan. 23, 2019.

A lawyer for Nathan Sutherland says in an appeal filed last week that a lower-court order should be overturned because there is no evidence to suggest his client has a sexually transmitted disease.

Attorney Edwin Molina says such a test would violate Sutherland’s constitutional protections against unreasonable searches and seizures.

The Maricopa County Attorney’s Office, which is prosecuting Sutherland, declined to comment on the appeal.

Prosecutors have previously cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease. Such results are to be released to the victims.

Authorities say Sutherland, 37, was working as a licensed practical nurse at Hacienda Healthcare when he raped the 29-year-old victim, who has been in long-term care since age 3 after suffering a near-drowning.

She gave birth to a boy at the facility on Dec. 29. Employees said they had no idea she was pregnant.

The surprise birth triggered reviews by state agencies, highlighted safety concerns for patients who are severely disabled or incapacitated and prompted the resignations of Hacienda’s chief executive and one of the victim’s doctors.

Investigators say Sutherland’s DNA matched a sample from the woman’s newborn boy, who is being cared for by her family.

Sutherland has pleaded not guilty to charges of sexual abuse and abuse of a vulnerable adult.

Hacienda fired Sutherland after his arrest. He has since given up his nursing license.

Full Article & Source:
Ex-Nurse Accused of Raping, Impregnating Incapacitated Woman in Phoenix Appeals STD Testing Order

See Also:
Judge orders former Hacienda nurse accused of raping patient to take HIV test pending appeal

Arizona care unit where incapacitated woman gave birth to stay open

Hacienda HealthCare to cease operation at South Phoenix facility

Arizona governor calls for stronger protections after incapacitated woman’s pregnancy

Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty

Lawyer: No proof nurse raped Arizona patient who had baby

Nurse arrested in rape of woman in vegetative state who gave birth at care facility

Center where comatose woman had baby faced criminal probe

Lawyer: Incapacitated woman who gave birth not in coma

Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave

Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge

Patient in vegetative state gives birth, sex abuse investigation underway: report