Cheyenne
Ms. Smarty Pantsless
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Judge Orders 19-Year-Old Not to Have Sex Until Married
Friday, June 08, 2001
CORPUS CHRISTI, Texas — A judge, angry that a 19-year-old probationer had gotten two teen-age girls pregnant, ordered him not to have sex until he is married.
The order has drawn the criticism from the man's attorneys and the American Civil Liberties Union. "It's really not the government's job to tell us when we can have sex with consenting adults," said Diana Philip, ACLU of Texas
spokeswoman.
State District Judge J. Manuel Banales said this week that he issued the April order to encourage Robert Torres to behave responsibly, the Corpus Christi Caller-Times reported in a story in its online edition Thursday.
"He is fathering too many children for which he is not supporting," Banales said. "So, I told him he can father as many children as he wants as long as he establishes a marital relationship."
Banales is the same judge who gained attention last month by ordering registered sex offenders to place signs in their yards that read, "Danger! Registered Sex Offender Lives Here," and bumper stickers on their cars that read, "Danger! Registered Sex Offender in Vehicle."
Torres was sentenced to five years' probation in 1999 after he pleaded guilty to having sex with a 13-year-old girl. According to court records, the girl told authorities she was Torres' girlfriend when they had sex two times in the front seat of his car.
At an April 18 hearing to revoke his probation over violations that included smoking and drinking beer, Banales issued the no-sex order after learning Torres had fathered a daughter with a 16-year-old and impregnated a 17-year-old while serving the term.
Torres was also sent to jail for 30 days, and his probation was extended another five years.
The judge told Torres during that hearing that he deserved little mercy, the newspaper reported.
"I wish there was a law that said that kids cannot have kids, but that is clearly impossible to enforce," Banales said, according to a court transcript.
"But it will be enforced as conditions of supervision in your case. And if you so much as have thoughts of getting another girl pregnant, you will go to prison for life or 99 years two times," Banales said. "You'll not get out of there alive. I want you to know that."
Prosecutor Robert Flynn, who worked on Torres' case, said his understanding of the order was that Banales was trying to limit Torres' sexual contact with underage girls.
According to the court transcript, the judge prohibited Torres from sex with any woman until marriage. Banales said he stands by the order.
"You will not engage yourself in any relationships with anyone," Banales ruled at the hearing. "You will not have sexual conduct with any person unless you are married by law."
Constance Luedicke, Torres' attorney during the hearing, said the judge seemed particularly angry with her client.
"His demeanor toward the probationer was heartless," she said.
Another attorney, Gerald Rogen, has filed a complaint with the Texas Commission on Judicial Conduct over the constitutionality of the no-sex order. Rogen called it an example of the judge legislating from the bench.
"He's just substituting whatever he feels is reasonable," Rogen said.
Friday, June 08, 2001
CORPUS CHRISTI, Texas — A judge, angry that a 19-year-old probationer had gotten two teen-age girls pregnant, ordered him not to have sex until he is married.
The order has drawn the criticism from the man's attorneys and the American Civil Liberties Union. "It's really not the government's job to tell us when we can have sex with consenting adults," said Diana Philip, ACLU of Texas
spokeswoman.
State District Judge J. Manuel Banales said this week that he issued the April order to encourage Robert Torres to behave responsibly, the Corpus Christi Caller-Times reported in a story in its online edition Thursday.
"He is fathering too many children for which he is not supporting," Banales said. "So, I told him he can father as many children as he wants as long as he establishes a marital relationship."
Banales is the same judge who gained attention last month by ordering registered sex offenders to place signs in their yards that read, "Danger! Registered Sex Offender Lives Here," and bumper stickers on their cars that read, "Danger! Registered Sex Offender in Vehicle."
Torres was sentenced to five years' probation in 1999 after he pleaded guilty to having sex with a 13-year-old girl. According to court records, the girl told authorities she was Torres' girlfriend when they had sex two times in the front seat of his car.
At an April 18 hearing to revoke his probation over violations that included smoking and drinking beer, Banales issued the no-sex order after learning Torres had fathered a daughter with a 16-year-old and impregnated a 17-year-old while serving the term.
Torres was also sent to jail for 30 days, and his probation was extended another five years.
The judge told Torres during that hearing that he deserved little mercy, the newspaper reported.
"I wish there was a law that said that kids cannot have kids, but that is clearly impossible to enforce," Banales said, according to a court transcript.
"But it will be enforced as conditions of supervision in your case. And if you so much as have thoughts of getting another girl pregnant, you will go to prison for life or 99 years two times," Banales said. "You'll not get out of there alive. I want you to know that."
Prosecutor Robert Flynn, who worked on Torres' case, said his understanding of the order was that Banales was trying to limit Torres' sexual contact with underage girls.
According to the court transcript, the judge prohibited Torres from sex with any woman until marriage. Banales said he stands by the order.
"You will not engage yourself in any relationships with anyone," Banales ruled at the hearing. "You will not have sexual conduct with any person unless you are married by law."
Constance Luedicke, Torres' attorney during the hearing, said the judge seemed particularly angry with her client.
"His demeanor toward the probationer was heartless," she said.
Another attorney, Gerald Rogen, has filed a complaint with the Texas Commission on Judicial Conduct over the constitutionality of the no-sex order. Rogen called it an example of the judge legislating from the bench.
"He's just substituting whatever he feels is reasonable," Rogen said.
