That’s true. But that doesn’t mean I’m in a position of authority over them, except perhaps for the fact that I’m twice their size. I can’t discipline them or offer anything special.
How would you do this without simply moving the problem to a different age? If only 14-16 year olds are allowed to consent under “certain circumstances”, you haven’t solved the problem, only moved it from age 16 to age 14. Capable 13 year olds are still excluded.
We should distinguish between the 6 year old and the 17 year old, although the important difference is not their age, but the changes the 17 year old has gone through in the past eleven years.
Granted, it’s a safe assumption that the 17 year old has gone through several changes that the 6 year old has not. But the inherent flaws in setting an age are going to be there no matter which age you set.
Let me use one more analogy here.
Suppose my state decides that people younger than 30 shouldn’t have gasoline, so they make it illegal for stores to sell gasoline to anyone under 30. It’s not illegal for me to buy gas, but no reputable stores will sell me gas because of my age. A few stores will sell me gas under the table, but they don’t treat me as well as their older customers, because they know I won’t report them for fraud: they’d get shut down for selling to me, and I wouldn’t have anywhere to buy gas. I’m oppressed even though the law doesn’t directly apply to me.
That describes the situation in states like California, where it’s illegal for anyone to have sex with a minor, even another minor. The situation is slightly different where it’s legal for minors to have sex with each other:
Now, suppose the law only applies to certain gas stations. I can buy gas from the Shell down the street (i.e., they can legally sell it to me), owned by an incompetent slacker my own age, but not the Texaco next door, owned by a middle-aged man who has owned a gas station for 20 years.
The Texaco manager always has a kind word for customers when they walk in, and takes a look at their cars when something goes wrong… not like the guy at Shell, who sees me as just another buck, and can’t wait for me to leave once our transaction is complete. The law forces me to settle for his inept service, when I’d prefer to buy gas from the other guy, simply because of my age; again, I’m oppressed even though the law doesn’t apply to me.
Sure, it’s possible that Texaco would have turned me away anyway. The gas stations all reserve the right to refuse service to anyone for any reason. But I have a bulging wallet and a shiny new car, and the Texaco manager has always seemed happy to see me when I run into him in other situations. I figure I have the same chances at his store as at any other.