PHOENIX (AP) - A former nurse charged with sexually assaulting an incapacitated woman who later gave birth at a long-term care facility in Phoenix has appealed a court order requiring a test to determine if he has HIV.

[RELATED: Man accused of raping Hacienda HealthCare patient resists STD test]

Nathan Sutherland's lawyer says the lower-court order should be overturned because there is no evidence suggesting his client has a sexually transmitted disease.

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

[RELATED: Nurse who witnessed incapacitated woman giving birth speaks for first time]

Prosecutors have cited a state law that says people accused of sexual assault are subject to tests to determine whether they have a sexually transmitted disease.

Authorities say Sutherland was working as a nurse at Hacienda Healthcare when he raped the 29-year-old victim.

[ORIGINAL EXCLUSIVE STORY: Woman in vegetative state gives birth at Hacienda Healthcare in Phoenix]

Sutherland pleaded not guilty to the charges and gave up his nursing license.

[READ MORE: Hacienda HealthCare pregnancy investigation]

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