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Archae

(46,337 posts)
Sun Feb 5, 2017, 07:56 PM Feb 2017

I'm not 100% sure on this, but this does look like a stupid ruling.

A judge ordering a guy not to have sex?

Idaho judge orders no sex for man convicted of rape

The Associated Press

Published: February 5, 2017, 3:09 pm | Updated: February 5, 2017, 4:29 pm

TWIN FALLS, Idaho (AP) — An Idaho judge has ordered a 19-year-old man not to have sex with anyone before he marries as part of his sentencing for statutory rape of a 14-year-old girl.

Judge Randy Stoker sentenced Cody Duane Scott Herrera of Twin Falls to five to 15 years in prison, but he suspended the sentence for a one-year rider program. If the unmarried Herrera completes the program, he’ll be released on probation, which requires celibacy unless he weds. Herrera received the sentence in 5th District Court.

Stoker said the probation condition is needed because Herrera told presentence investigators he’s had 34 sexual partners. “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.

Herrera in March pleaded guilty to statutory rape of the 14-year-old girl. “It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity,” the victim’s mother told the court.

http://wbay.com/ap/idaho-judge-orders-no-sex-for-man-convicted-of-rape/

11 replies = new reply since forum marked as read
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I'm not 100% sure on this, but this does look like a stupid ruling. (Original Post) Archae Feb 2017 OP
He should be in prison for statutory rape. Ilsa Feb 2017 #1
Well..if he fucks someone other than his wife angstlessk Feb 2017 #2
Yeah, I can't see how this is even remotely legal. Glamrock Feb 2017 #3
Probably not enforceable but probably legal. Hassin Bin Sober Feb 2017 #6
How can that be enforced? The Velveteen Ocelot Feb 2017 #4
Judges have pretty wide latitude on probation terms Lee-Lee Feb 2017 #5
I'm not OK with this. Tying intercourse with marriage is patriarchal bull. Coventina Feb 2017 #7
It is Idaho after all. 2naSalit Feb 2017 #11
Applaud the intent, but it's kind of a silly ruling... Wounded Bear Feb 2017 #8
I thought this... Mike Nelson Feb 2017 #9
What constistutes sex? Alpeduez21 Feb 2017 #10

Ilsa

(61,695 posts)
1. He should be in prison for statutory rape.
Sun Feb 5, 2017, 08:02 PM
Feb 2017

Not let out to manipulate more women and then lie to the judge. He should be tested for STDs, too.

Glamrock

(11,802 posts)
3. Yeah, I can't see how this is even remotely legal.
Sun Feb 5, 2017, 08:04 PM
Feb 2017

I'll be shocked if this isn't thrown out on appeal.

Hassin Bin Sober

(26,330 posts)
6. Probably not enforceable but probably legal.
Sun Feb 5, 2017, 08:15 PM
Feb 2017

Conditional release and/or probation can put very strict rules of who, how and when you associate with people. The person is at large at the whim of the courts and probation officer.

The other alternative is to spend one's time in prison. Where they would have even fewer liberties.

I say unenforceable. Unless the guy is a fucking moron. Which is probably the case.

The Velveteen Ocelot

(115,735 posts)
4. How can that be enforced?
Sun Feb 5, 2017, 08:04 PM
Feb 2017

And does the order, which refers to "any person," also preclude sex with himself? Is he forbidden to play pocket pool? The guy is a hound dog, but it's a dumb order.

 

Lee-Lee

(6,324 posts)
5. Judges have pretty wide latitude on probation terms
Sun Feb 5, 2017, 08:14 PM
Feb 2017

They can bar any behavior or possession of goods that they think can lead to a greater chance of the offender violating that probation.

Not having sex is an odd one, but probably within their power if the offenders crimes were sexual n nature and/or they used a defense of sex addiction or something similar.

I have seen a judge order a person who used as a defense for robbery that he had a gambling problem not be in possession of any cards or dice and not watch any kinds of sporting events or visit any gambling or sports websites.

I have seen a judge order a person convicted of fraud related to working as a contractor to not possess and tools that could be used for construction work.

It's common for habitual drunk drivers to be told not to drink, have alcohol or sometimes even poses a car.

Coventina

(27,121 posts)
7. I'm not OK with this. Tying intercourse with marriage is patriarchal bull.
Sun Feb 5, 2017, 08:16 PM
Feb 2017

Punish him for being a child-rapist, for sure, but not that way.

Wounded Bear

(58,670 posts)
8. Applaud the intent, but it's kind of a silly ruling...
Sun Feb 5, 2017, 08:17 PM
Feb 2017

the kind of thing you'd expect from redneckistan.

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