Cody Herrera, 19, from Idaho has been sentenced to
'abstinence from sex' instead of jail time after he was convicted for raping a
14 year old girl.
Herrera pleaded guilty to statutory rape last week, and Judge Randy
Stoker of the Fifth District of Idaho decided that instead of sending the young
man to prison, he will enforce an archaic state law that forbids pre-marital
sex as Herrera was 18 when he sexually assaulted the 14 year old girl.
'Mr. Herrera was sentenced last week to five to 15 years in prison, but
the sentence was suspended in favor of a rehabilitation program of sorts that
serves as a middle ground between probation and prison time.'
' Based on Mr. Herrera’s success in the program, a judge could opt to
release him on probation or send him to prison to serve the original sentence.
The program usually takes about six months.
'Anyone free on probation is, of course, not allowed to break the law.
And Judge Stoker made clear that would include fornication.'
'The fornication law calls for a fine of up to $300 and six months in
prison for any unmarried person who has sexual intercourse with an unmarried
person of the opposite sex. Mr. Loebs said there are no “bedroom police,” but
if someone on probation is required to not break any laws, that would be one of
laws they cannot break.'
Judge Stoker said: “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,”
“I have never seen that level of sexual activity by a 19-year-old,”
Judge Stoker said, when he heard Herrera had 34 sexual partners.
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