Lawyers for an incapacitated woman who had been raped and later given birth in a long-term care institution in Phoenix, says she has been sexually abused and possibly impregnated several times.
A notification of a claim against the state of Arizona, which is a precursor to a lawsuit, claims that the 29-year-old woman has been violently and repeatedly raped & # 39; before giving birth at Hacienda Healthcare in December.
Nathan Sutherland, a 37-year-old formerly recognized practical nurse at the facility, has been accused of sexually abusing the woman, who has been in long-term care since she was three years old after almost drowning.
On December 29, she gave birth to a boy in the facility. Employees said they had no idea she was pregnant.
The reminder demands a $ 45 million settlement to prevent the woman's family from getting a lawsuit.
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Lawyers for the woman who was raped and later gave birth at Hacienda Healthcare in Phoenix, Arizona, said she was repeatedly raped and possibly impregnated earlier. Nathan Sutherland (pictured during a lawsuit in February), a 37-year-old formerly recognized practical nurse in the facility, has been accused of sexually abusing the woman, who has been in long-term care since their third year of life-drowning
Sutherland (shown in his mugshot) did not plead guilty
According to the medical records mentioned in the claim, the woman was & # 39; violently and repeatedly raped & # 39; during her stay in Hacienda and a doctor who examined her on the day she gave birth, noted that she could be pregnant earlier.
& # 39; At least there were repeated violations of (the victim) of the scars, & # 39; said John Micheaels, a lawyer representing the victim and her family, to the Phoenix TV station KPNX.
Researchers say that Sutherland's DNA matches a sample of the woman's newborn boy, who is cared for by her family.
According to the claim notification, the victim's mother specifically had to & # 39; only for women & # 39; requested, saying that her daughter was at risk of exploitation.
The claim says that Sutherland cared for the victim more than 1,000 times without supervision, of which more than 800 times & # 39;
According to the medical data quoted in the claim, the woman was & # 39; violently and repeatedly raped & # 39; during a stay at Hacienda Healthcare in Phoenix (photo) and a doctor who examined her on the day she gave birth, noted that she could have been pregnant before
The surprising birth tests yielded assessments from government agencies, pointed to safety issues for patients who are severely disabled or incapacitated and caused the resignation of Hacienda CEO Bill Timmons (photo) and one of the victim's doctors
The surprising birth tests yielded assessments from government agencies, pointed to safety issues for seriously disabled or incapacitated patients, and prompted the resignations of Bill Timmons, the CEO of Hacienda and one of the victim's doctors.
Sutherland has not pleaded guilty for allegations of sexual abuse and abuse of a vulnerable adult.
The police started investigating after the woman, who was unable to give her permission, unexpectedly gave birth on December 29.
The shock order prompted the authorities to test the DNA of all men who worked at the care facility.
Sutherland, a devout Christian and a father of four, was forced to submit his DNA sample under judicial order.
Sutherland was arrested in January after DNA evidence linked him to the victim's child. Hacienda fired Sutherland after his arrest. He has since given up his nursing certificate.
Last week, Sutherland appealed a court order in which a test had to be conducted to determine whether he had HIV or other sexually transmitted diseases.
His lawyer Edwin Molina said that a lower court ruling would be set aside because there is no evidence that his client has a sexually transmitted disease and such a test would violate Sutherland's constitutional protection against unreasonable searches and seizures.
Maricopa County Court commissioner Roger Hartsell first ordered the tests on February 4.
Molina argued at a previous hearing that it would be easier for the victim to take the test as she is currently at a long-term care facility and since the victim gave birth in December, she has probably already been tested for STDs.
Prosecutors have previously cited a state law that states that people accused of sexual assault are subject to tests to determine if they have a sexually transmitted disease. Such results must be released to the victims.
The Maricopa County Attorney & # 39; s Office, which is prosecuting Sutherland, declined to comment on the appeal.
The notification of claim filed by the family against the state seeks a settlement of $ 25 million for the victim and $ 10 million for each of its parents within 60 days or the lawyers will bring the case to court.
Governor Doug Ducey's office said Wednesday evening that it had received a 55-page claim notification and would review it while the Arizona Department of Health Services said it did not comment on ongoing or ongoing disputes.
The Attorney General's office said the state is represented by an external council in the case and has no further comments.
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