Judge: 19-year-old may be ordered not to have sex before marriage as part of sentence after raping teen

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Cody Herrera

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TWIN FALLS, Idaho –  An Idaho judge ordered a 19-year-old not to have sex before marriage as part of his sentencing for statutory rape of a 14-year-old girl.

In March 2015, Cody Herrera reportedly raped a 14-year-old girl inside her home.

The girl told police that she asked Herrera to stop, but that he continued to sexually assault her, the Twin Falls Times-Times reports.

Herrera, now 19, recently pleaded guilty to rape and was sentenced to five to 15 years in prison; however, a judge also placed Herrera in a one-year rider program.

If Herrera completes the rider program – a program in which inmates “receive intensive programming and education – the judge can choose to grant him probation instead of prison, the Washington Post reports.

According to Twin Falls Times-News, Judge Randy Stoker told Herrera that if he completes the program and is put on probation, then he will not be allowed to have sex until marriage.

“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 told Herrera.

The judge said he made the decision because Herrera told investigators that he’s had 34 sexual partners.

“I have never seen that level of sexual activity by a 19-year-old,” Stoker said.

Some attorneys are now questioning if the judge’s order violates Herrera’s constitutional rights.

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