19 year-old Cody Herrera’s received his sentence last week for his charges of statutory rape. In an unusual deviation from the usual sentencing, Judge Randy Stoker of the Fifth District of Idaho ruled that a condition of his probation would include no extramarital sex whatsoever.
The Twin Falls Times-News reports that Herrera pleaded guilty to raping a 14-year-old girl back in May 2015. In court documents, the girl reported that on March 2, Herrera sexually assaulted her in her family’s home against her will. Despite the girl having initially lied about her age, Herrera claimed he knew she was underage anyways.
Although he was initially sentenced to 5-15 years in prison, Stoker decided to send the young adult to a rehabilitation program instead. If Herrera is unsuccessful with finishing the program, he’ll end up in prison. However, if he completes the program, he’ll be allowed to go on probation but only if he agrees to not have sex at all.
“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 explained to Herrera in the court case. Herrera apparently claimed he had 34 sexual partners while the rape case was being investigated. This contributed to the ruling, with the judge claiming, “I have never seen that level of sexual activity by a 19-year-old.”
Technically, Idaho has an old fornication law in which unmarried people who have sex can face up to a $300 fine each and six months in prison. But it’s one of those laws that is no longer really enforced. Still, Stoker’s ruling holds up in its legal context.
Do you think Herrera is being punished fairly? If not, should he have a harsher sentence or a lighter one? Comment below!
[H/T: NY Mag]
