A US judge has banned a 19-year old man from having sex until he gets married as part of his sentencing after the teen was found guilty of statutory rape of a 14-year old girl.
Cody Duane Scott Herrera who was convicted of sleeping with an underage girl cannot have sex until marriage according to the judge’s order, otherwise he will risk jail.
The sex ban and one-year therapy program were laid down by an Idaho judge as he suspended the five-to-fifteen-year term in prison that Herrera was facing.
If the teen completes the program he will be released on probation and will be required to stay celibate until he marries.
The judge said “no sex ruling” was added because Herrera told investigators he already had 34 sexual partners by the age 19.
The victim’s mother issued a victim-impact statement describing Herrera as a predator.
However, despite the conviction, some scholars questioned whether the sentence is legal.
Shaakirrah R. Sanders, law professor at the University of Idaho College of Law, told ABC: “I think it infringes on his constitutional rights.” Sanders called the probation requirement “bizarre” and said that it violates his right to procreate.
She also pointed out that it will be difficult to enforce the ban.
“I think if he appealed, he would win,” Sanders said.
However, Prosecutor Grant Loebs believes that the sentence was fair and legal and the judge has the power to “tell people to do or not to do all sorts of things.”
“A judge’s purpose is to keep them from committing another offense,” Loebs said.
