Idaho judge orders no sex for confessed statutory rapist

Cody Duane Scott Herrera, 19, has been ordered by an Idaho judge to not have sex while on probation if he completes a one-year therapeutic prison program. Herrera pleaded guilty to the statutory rape of a 14-year-old girl. Photo courtesy of Twin Falls County Jail

Feb. 6 (UPI) — Idaho 5th District Judge Randy Stoker ordered Cody Duane Scott Herrera, a 19-year-old who pleaded guilty to statutory rape, to not have sex while on probation until he’s married.

Stoker sentenced Herrera to five to 15 years in prison last week in Twin Falls, Idaho, for the statutory rape of a 14-year-old girl. Stoker suspended the sentence and ordered Herrera to participate in a one-year therapeutic prison program. Should Herrera complete the program, he would be released on probation.

“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.

Stoker said he placed the unusual condition in part because Herrera told authorities he’s had 34 sexual partners. Prosecutors said Herrera, who could face additional charges for allegedly videotaping sexual acts with a 17-year-old, has had fantasies about a 13-year-old girl and watches pornography depicting rape.

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

As part of the plea agreement, Herrera will not have to register as a sex offender. He was originally charged with felony lewd conduct with a minor but prosecutors amended the charge to rape as per the agreement.

Stoker said the Idaho Department of Health and Welfare did not designate Herrera to be a sexual predator “though there seems to be an argument that could be made for that.”

The victim’s mother told the court that Herrera’s actions robbed her child of her innocence.

“It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity,” the mother said. “And he stayed around until he got it from her. Cody will never understand what he has done to our family. Cody robbed her of her innocence. He destroyed the child left in her. This can never be returned.”

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