by Katrina Custardo
In October 2015, 18-year-old Cody Duane Scott Herrera of Idaho was charged with raping a 14-year-old girl. Now, 16 months later, the case is receiving national attention because Judge Randy Stoker decided to change the sentence. The original punishment fit the crime: Herrera was going to be in jail for 15 years and complete Idaho’s rider program, which includes “intensive programming and education.” However, if a convicted rapist completes the program, he or she can be put on probation instead of going to prison. For Herrera, this includes not having sex unless he gets married.It is ridiculous that probation is even an option. Herrera committed statutory rape because he had nonconsensual sex with a minor. There should be no other option other than prison, especially considering he admitted to raping her. His guilt is there for all to see. He deserves a long prison sentence and a hard life known as the boy who raped a 14-year-old girl.
What’s possibly even more ridiculous, however, is that the judge said that no sex would be part of Herrera’s probation, as if saying, “you can’t have sex” will automatically make Herrera not a rapist. That’s not how any of this works. Nothing will make him “not a rapist.” He is a rapist for the rest of his life. On top of this, Stoker doesn’t seem to understand that sex and rape are not the same thing.
Sex is something that is enjoyable for both parties, and most importantly, is consensual. This is the difference between sex and rape. What Herrera is guilty of is rape. Saying “you can’t have sex” is pointless to a rapist. Herrera didn’t listen to someone when she said no repeatedly, so why would he listen to someone saying no this time?
It is also important to point out that Stoker said Herrera can’t have sex unless he gets married, as if married people don’t get raped. Husbands and wives still get raped by their partners if the sex is not consensual. Once a rapist, always a rapist. Again, Herrera didn’t listen when this 14-year-old girl said no, so what makes Stoker think Herrera will listen to his hypothetical wife when she says no?
That the judge even put probation instead of prison on the table is propagating rape culture. It is ignoring the long-lasting effect that rape has on survivors while lightly tapping the wrist of the perpetrator. Rape is just as much of a crime as murder is, yet murderers don’t get off with probation instead of prison. We need to hold rapists accountable for the crime they have committed, and we need to hold judges to the standard that they will do what is right and put rapists behind bars.