Herrera pleaded guilty to statutory rape last week, and Judge Randy Stoker of the Fifth District of Idaho decided that instead of sending the young man to prison, he will enforce an archaic state law that forbids pre-marital sex as Herrera was 18 when he sexually assaulted the 14 year old girl.
'Mr. Herrera was sentenced last week to five to 15 years in prison, but the sentence was suspended in favor of a rehabilitation program of sorts that serves as a middle ground between probation and prison time.'
' Based on Mr. Herrera’s success in the program, a judge could opt to release him on probation or send him to prison to serve the original sentence. The program usually takes about six months.
'Anyone free on probation is, of course, not allowed to break the law. And Judge Stoker made clear that would include fornication.'
'The fornication law calls for a fine of up to $300 and six months in prison for any unmarried person who has sexual intercourse with an unmarried person of the opposite sex. Mr. Loebs said there are no “bedroom police,” but if someone on probation is required to not break any laws, that would be one of laws they cannot break.'
Judge Stoker said: “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,”