Judge Orders Abstinence Until Marriage For Man Convicted Of Rape

The punishment may be unconstitutional.

By Jaime Lutz

An Idaho judge is requiring celibacy until marriage for a 19-year-old man convicted of the statutory rape of a 14-year-old girl, in a bizarre sentence that at least one legal scholar says defies the man’s constitutional rights, the Associated Press reported.

Judge Randy Stoker also sentenced Cody Duane Scott Herrera to 5 to 15 years in prison for the crime but suspended the sentence for a one-year rider program. If he completes the program, he can get released on probation—at which point, Stoker said, he would need to remain celibate until marriage.

Stoker said that the unusual probation order was his reaction to learning Herrera had had sex with 34 people.

“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 during the sentencing.

At least one law expert is skeptical that this is legal.

"I think it infringes on his constitutional rights," Shaakirrah R. Sanders, an associate professor at the University of Idaho College of Law, to the AP.

"I think if he appealed, he would win," she added.

[Image: Twin Falls County Jail]

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