PHOENIX (KTLA/AP) -- 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.
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.
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.
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.