An Idaho judge has come under fire for sentencing an admitted statutory rapist to "no sex" instead of prison.

Idaho Judge Orders No Sex Outside Of Marriage For Statutory Rapist

An Idaho judge has issued a bizarre and controversial sentence for a 19-year-old man who confessed to committing statutory rape: no sex. At least, no sex outside of marriage. Idaho Judge Randy Stoker sentenced confessed statutory rapist Cody Duane Scott Herrera five to to 15 years in prison for his crimes; however, the Twin Falls man’s sentence will be suspended instead of completing a one-year therapeutic prison program.

If Herrera successfully completes the program, he will forgo the rest of his prison sentence for raping a 14-year-old girl and be released on probation. According to the Idaho judge, no sex will be allowed for the duration of the probation. As Fox News reports, Herrera (who is currently single) will have to remain celibate unless he gets hitched.

“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.”

Local news outlet Magic Valley reports that part of the reason that the Idaho judge chose to impose such an unusual sentence on Herrera, who pleaded guilty to the statutory rape in March, is because the admitted statutory rapist also confessed to the court that he’d had 34 sexual partners in his lifetime. According to prosecutors in the case which resulted in the odd “no sex” sentence, the defendant admitted to disturbing sexual fantasies about another 13-year-old female and even that he views pornography featuring rape scenes.

According to the Judge Stoker, he was taken aback by the sexual thoughts and behavior of 19-year-old Herrera.

“I have never seen that level of sexual activity by a 19-year-old.”

Despite the Idaho judge ordering Herrera to abstain from premarital sex or sex with anyone who’s not his legally wedded wife, the court did not force the teen to register as a sex offender or “Mr. Herrera as a sexual predator.” However, according to the Idaho judge,”there seems to be an argument that could be made for that.”

This isn’t the first time Idaho Judge Randy Stoker has been embroiled in controversy over a rape sentencing. Just last year, a Change.org petition was launched to have him removed from the bench. The reason? The sentence of 18-year-old John Howard, who was involved in the race-related locker room sexual assault of a mentally disabled African-American classmate. Rather than sentence Howard to a lengthy prison term, the teen was given probation and community service. The petition to remove the Idaho judge has nearly reached 150,000 signatures.

According to the mother of his 14-year-old victim, Herrera is definitely a sex offender. She said in her victim impact statement that, in spite of the Idaho Department of Health and Welfare not requiring Herrera to register, he stole something irreplaceable from her daughter with is admitted act of statutory rape.

“It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity. And he stayed around until he got it from her. Cody will never understand what he has done to our family. Cody robbed her of her innocence. He destroyed the child left in her. This can never be returned.”

What’s more, some legal experts, including Shaakirrah R. Sanders of the University of Idaho College of Law, the Idaho judge may have overstepped his authority by handing down the “no sex” provision as part of the defendant’s probation. In fact, according to Sanders, such a sentence could be not only unenforceable, but it might also even be unconstitutional.

“I would suspect (a judge can’t do that). I think it infringes on his constitutional rights.I think if he appealed, he would win.”

This is because even though the Idaho judge, like all judges, is entitled to “quite a bit of discretion” when it comes to probation and sentencing, they are not allowed to impede on the federal or state constitution.

Sanders went on to say that there are several legal precedents that could invalidate the order of the Idaho judge due to its potentially unlawful nature. One is what she called the defendant’s “right to procreate.” Sanders claims that this right was upheld in a court decision that prohibited jailers from sterilizing inmates against their will.

“There, the court said there is a right to procreate. In this particular situation, we seem to have an order infringing on (Herrera’s) right to procreate. A court can’t dictate how he decides to procreate.”

Sanders also spoke about how impractical it would be for the Idaho judge and probation officers to enforce the no sex provision of the admitted statutory rapist’s probation terms. She added that even attempting to do so could violate the defendant’s Fourth Amendment rights.

“Probationers already give up a lot, especially in terms of law enforcement monitoring. But how would you even enforce this? It seems to be quite intrusive if they can just bust into his bedroom to make sure he’s not getting it on.”

No sex order from Idaho judge confounds and infuriates.
[Image by Andrey_Popov/Shutterstock]

Despite the opinion of Shaakirrah Sanders, the Twin Falls County Prosecutor does believe that the Idaho judge’s no sex condition is a valid one, and that it can be legally imposed as part of Herrera’s (who as Magic Valley reports may also be on the legal hook for additional child porn charges) conditional probation and suspended five to 15 year prison sentence.

“The judge has the ability to tell people to do or not do all sorts of things that are (otherwise) legal and constitutional.”

What do you think? Did the judge overstep his legal authority with his admittedly unconventional probation stipulation? Did he not go far enough in punishing and penalizing Cody Herrera, a confessed statutory rapist? What are your thoughts on the Idaho judge and his bizarre “no sex” sentence?

[Featured Image by Twin Falls County Sheriff’s Office]

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