Judge orders no sex before marriage

family law

A judge in Idaho has ordered that a 19 year-old man refrain from sex before marriage as a punishment for statutory rape.

Following the man’s conviction for sex with a 14 year-old girl, Judge Randy Stoker gave him a five to 15 year suspended sentence and ruled that he must attend a one-year therapy programme. Following his completion of the programme, the man will be placed on probation.

One condition of this probation is that he “will not have sexual relations with anyone except who [he is] married to” Judge Stoker declared. This stipulation was added after the man revealed that he had previously had as many as 34 sexual partners prior to his contact with the 14 year-old.

The unusual nature of this punishment has led some scholars to question its legality. Shaakirrah Sanders is an associate professor at the University of Idaho College of Law. Speaking to the Associated Press (AP), he said the prohibition against sex before marriage “infringes on [the man’s] constitutional rights”. He explained that although Judges have a certain level of discretion to create the terms of someone’s probation, they cannot violate the Constitution. He told AP that if the man launched an appeal against the premarital sex ban “he would win”.

Meanwhile the local county prosecutor Grant Loebs believed the order could legally be imposed. Judges can “tell people to do or not do all sorts of things” he said, adding that it was not unusual for people on probation to be told they cannot drink alcohol.

Photo by calamity_sal via Flickr under a Creative Commons licence.

Stowe Family Law Web Team

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