Judge Rules 19-Year-Old Man Can't Have Sex Until He's Married For Raping Teen Girl

TWIN FALLS, Idaho (CBS/AP) -- A judge in Idaho has ordered a 19-year-old man not to have sex with anyone before he marries for raping a teen girl.

CBS News reports Judge Randy Stoker sentenced Cody Duane Scott Herrera of Twin Falls to five to 15 years in prison, but suspended Herrera's sentence for a "rider" program, which is a temporary six-month prison term that gives a judge "retained jurisdiction" over the case.

If Herrera completes the program, Stoker will rule whether he should be sentenced to prison or probation.

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CBS News reports that if Herrera completes the sentence, he could be released on probation, but must not have sex until he gets married.

"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 during sentencing.

Shaakirrah Sanders, an associate professor at the University of Idaho College of Law, told CBS News that Herrera's probation might be illegal or unenforceable.

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"I think it infringes on his constitutional rights," said Sanders.

Herrera reportedly told pre-sentence investigators he's had 34 sexual partners.

Herrera pleaded guilty last March to statutory rape of a 14-year-old girl.

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