A 19 year old Idaho man was convicted of statutory rape of a 14 year old girl and was sentenced to 5 to 15 in prison for his crime. The judge rethought his sentence and reduced his prison time to one year in which he would have to undergo therapy for a year. He would then get out of prison but with one very bizarre probation condition.
In order for him to remain free, he is not allowed to have sex unless he gets married and then only to his wife. He had told police that he had sexual relations with 34 women and the judge thought that was excessive for a 19 year old boy. I’m not sure how they do that. Chastity belt? A monitor connected to a ring that slips around the old manhood?
“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 said he decided on the condition after Herrera told pre-sentence investigators that he had engaged in sexual activities with 34 different partners. “I have never seen that level of sexual activity by a 19-year-old,” Stoker said, according to the Twin Falls Times-News.
Herrera allegedly also had fantasies about sex with a 13-year-old girl and watches pornography depicting rape, according to prosecutors.
Shaakirrah R. Sanders, an associate professor at the University of Idaho College of Law, questioned the constitutionality of the decision. “I would suspect (a judge can’t do that),” Sanders told the Times-News. “I think it infringes on his constitutional rights.”
Sanders also mentioned case law that Herrera could use if he ever decided to appeal, saying he could likely win the appeal. One case she mentioned took place in Texas and ended up with the Supreme Court deciding that all citizens had the right to engage in sexual activity with another consenting adult in private.