A 19 year old man, Cody Herrera, 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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