Judge bans teenage rapist from having sex before marriage after he takes 14-year-old's virginity 

  • A teenager has been ordered not to have sex with anyone before he marries 
  • Cody Duane Scott Herrera, 19, was found guilty of raping a 14-year-old girl 
  • If he completes a one-year rider program he'll be released but cannot have sex 
  • The judge said he has never seen a 19-year-old with Herrera's sexual appetite 

By Simon Holmes For Mailonline

Published: 16:50 EST, 5 February 2017 | Updated: 06:52 EST, 6 February 2017

Cody Duane Scott Herrera of Twin Falls, Idaho. He faces a no sex order before marriage 

Cody Duane Scott Herrera of Twin Falls, Idaho. He faces a no sex order before marriage 

A 19-year-old man has been ordered not to have sex with anyone before he marries as part of his sentencing for the statutory rape of a 14-year-old girl

Judge Randy Stoker sentenced Cody Duane Scott Herrera of Twin Falls, Idaho to five to 15 years in prison, but he suspended the sentence for a one-year therapeutic rider program with the unusual condition.

If the unmarried Herrera completes the program, he'll be released on probation, which requires celibacy unless he weds. 

Stoker cited Herrera's voracious sexual appetite as the main reason for the ban saying he has 'never seen that level of sexual activity by a 19-year-old.'

The teen told investigators that he has had 34 sexual partners. 

The judge told Herrera last week: '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.'

Herrera in March pleaded guilty to statutory rape of the 14-year-old girl and in an address in court the victim's mother said she believed that he was a predator.

She said 'It was his intent from the beginning to take what he wanted from my 14-year-old child — her virginity.

'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.' 

However the legality of imposing a sex ban on the defendant has been questioned by some. 

Shaakirrah R. Sanders, an associate professor at the University of Idaho College of Law, said the probation condition might be unenforceable.

'I think it infringes on his constitutional rights,' she said.

Sanders said judges have discretion in creating special probation terms, but they can't violate the federal or state constitution. 

'I think if he appealed, he would win,' Sanders said.

Prosecutors also revealed Herrera has had fantasies about a 13-year-old girl and watches pornography depicting rape.

He could also face charges of sex with another underage girl.     

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