An unusual sentence has been handed down on a 19-year-old Idaho man that was found guilty of the statutory rape of a 14-year-old girl. As CBS News reports, in addition to a stint behind bars, the judge is requiring that the man remain celibate.
Cody Duane Scott Herrera has been found guilty for statutory rape of the girl. Judge Randy Stoker sentenced him to between five and fifteen years behind bars, but he attached some unusual provisions to his sentence.
“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,” the judge said.
Additionally, Stoker has suspended his sentence for what is known as a ‘rider’ program. In short, Herrera will serve a temporary six-month prison term in which Stoker will assume “retained jurisdiction” over his case. Essentially, Herrera will be required to complete the program, at which time the judge will determine whether or not he will be sent to prison or remain free on probation.
The stunning decision has sent shockwaves through the state’s judicial system, especially when the testimony of the girl’s mother is factored in.
“It was his intent from the beginning to take what he wanted from my 14-year-old child - her virginity,” the victim’s mother said.
Remarkably, Shaakirrah R. Sanders, an associate professor at the University of Idaho College of Law is speaking out - in defense of Herrera.
“I think it infringes on his constitutional rights. I think if he appealed, he would win,” Sanders said.
It’s unclear if there’s precedent in Idaho for this kind of ruling - or in Stoker’s courtroom, for that matter - but it’s nonetheless an incredibly curious turn of events. Herrera was found guilty of a crime that involved an underage victim. A six-month term that could potentially turn out to be his only time behind bars amounts to a slap on the wrist, as well as a slap in the face to the victim, her family, and the taxpayers of Idaho that keep the court humming along.
Photo: Telemundo Dallas