A convicted rapist has been ordered by an Idaho judge to abstain from sex before marriage as part of his sentencing for the statutory rape of a 14-year-old girl.
Nineteen-year-old Cody Duane Scott Herrera of Twin Falls was originally handed a sentence of five to 15 years in prison by Judge Randy Stoker, but the latter changed his mind and suspended the jail sentence in favor of a "rider" program, CBS News reports.
The program has Herrera spending six months in intensive rehabilitation as the judge "retains jurisdiction" over the case for a year, Idaho County Prosecuting Attorney Grant Loebs said. Following the jail term, the judge either gives more prison time or probation to the convict.
If released on probation, Herrera must stay celibate until he marries, under the ruling.
Stoker stated he issued the probation condition because Herrera told investigators he's had 34 sexual partners.
"I have never seen that level of sexual activity by a 19-year-old," Judge Randy Stoker said, The Times-News reports.
"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 told Herrera.
The restriction falls under the state's seldom used fornication law that fines unmarried offenders who have sex before marriage $300 and six months in prison.
Shaakirrah Sanders, a University of Idaho College of Law associate professor, believes the probation condition would be unconstitutional, as it takes away Herrera's right to have children, AP reports.
"I think if he appealed, he would win," she said. "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."
Loebs agreed that implementing the law would be hard as police don’t "wander around making sure people are sleeping with who they are supposed to be sleeping with." The prosecutor pointed out that strict monitoring and a state requirement that sex offenders like Herrera be subjected to polygraph testing would work to make sure he stays celibate.
However, Herrera has to first successfully complete the "rider" program and be put on probation before the celibacy ruling can be put into effect, Loebs pointed out.
The rapist was not labelled a sexual predator by the court, in contrast to the court testimony by the victim's mother.
"It was his intent from the beginning to take what he wanted from my 14-year-old child -- her virginity," she had told the court. "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."