Idaho Teen Rapist Sentenced to Not Have Sex Before Marriage

Summary: A rapist, who bypassed prison time, was ordered to not have sex before marriage.

An Idaho judge issued a rapist a peculiar sentence–a six-month therapy program and no more sex before marriage.

Cody Duane Scott Herrera, now 19, pled guilty to raping a 14-year-old girl when he was 18, according to Buzzfeed. Herrera and his victim had met through Facebook, and she had lied to him that she was 16. They began a relationship, but it ended after her mother had discovered it and told Herrera that the girl was too young and not allowed to date. Instead of waiting it out or going away, Herrera snuck into the girl’s bedroom one night and violently sexually assaulted her. According to the criminal complaint, he removed her clothes and proceeded to have sex with her while she cried and told him to stop.

An Idaho judge sentenced Herrera to five to 15 years in prison for the statutory rape, but Herrera was able to dodge prison because he was given another option: therapy prison program along with probation. But not just any probation. He was told to practice celibacy until marriage during that time.

During the investigation, Herrera told police that he had sex with 34 people prior to his conviction, which led Judge Randy Stoker to dole out the seemingly Biblical sentence.

“I have never seen that level of sexual activity by a 19-year-old,” Judge Stoker of Twin Falls said to The Times-News.

While the order seemed odd, it was actually based upon Idaho’s rarely enforced fornication law, which forbids premarital sex. Citizens convicted of breaking that rule could face a fine of up to $300 or six months in prison. While most people can just ignore it, Herrera is forced to obey because he is on probation.

Legal expert, Shaakiraah R. Randers of the University of Idaho College of Law told the Associated Press that this sentence more than likely could be challenged because it violates Herrera’s constitutional right to procreate.

Source: Buzzfeed