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Cody Duane Scott Herrera, 17 at the time, had quietly climbed through the teenage girl’s bedroom window in southern Idaho.
The two had planned to watch a movie that night in March 2015, but then Herrera started touching her. The 14-year-old girl later told police that she asked him to stop but that he continued, and then he removed her clothes.
He started to sexually assault her, the girl later told police.
She started crying.
He told her it would be okay, but he didn’t stop, according to the criminal complaint filed in Twin Falls County.
Herrera, now 19, pleaded guilty to rape and was sentenced last month to five to 15 years in prison, according to the sentencing documents. He also was placed in the state’s “rider” program, in which the court retains jurisdiction over the case, sending the inmate to an Idaho Department of Correction facility for a period of time to “receive intensive programming and education,” according to the department.
If the inmate completes the program properly, the judge can choose to grant him probation instead of prison.
It’s that sentence — and the judge’s explanation of it — that has since thrust Herrera’s case into the national spotlight.
During the sentencing hearing, Judge Randy Stoker told Herrera that assuming he completes the program and is put on probation, one of the terms will be no more sex until marriage, according to the Twin Falls Times-News.
“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 him last month.
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