TWIN FALLS, Idaho — An Idaho judge ordered a teen being sentenced for statutory rape to remain celibate until he is married or he’ll end up in jail.
Judge Randy Stoker gave 19-year-old Cody Duane Scott Herrara a suspended sentence for having sex with a 14-year-old girl, but ordered him into a one-year prison therapy program after which he will be on probation, but only if he doesn’t have sex again until he is married.
“If you’re ever on probation with this court, a condition of that will be you will not have sexual relations with anyone except who you’re married to, if you’re married,” Stoker said, according to the Twin Falls Times-News.
Stoker said he added the condition because Herrera told investigators he’d had 34 sexual partners.
“I have never seen that level of sexual activity by a 19-year-old,” Stoker said.
Prosecutors say Herrera, who could face more charges related to sex with an underage girl, told investigators he has had fantasies about a 13-year-old girl and watches pornography depicting rape. But he has not designated a registered sex offender.
The 14-year-old victim’s mother told the court that Herrera was a predator.
“It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity,” she said. “Cody robbed her of her innocence. He destroyed the child left in her. This can never be returned.”
Legal experts say it will likely be very difficult to enforce Stoker’s celibacy condition and that Herrera would likely win if he appealed on constitutional grounds.