Consider the following.
A girl, 11 years old, has experienced the onset of menses and early breast development. She is sexually active with her peers. She also admits to having consensual sex at home and in the car of an 18 year old neighbor. Should he go to jail?
Consider the same scenario with the following variations.
The minor is not sexually active, but sexually developed, and gave consent because he bought her expensive presents.
The minor had multiple 18-year old partners in one sexual encounter – all acts of consensual sex. Some partners claim they didn’t know she was underage.
The 18-year old is also female.
The girl is mentally handicapped but still insists she gave consent to her 18-year old partner.
Same scenario as above, except the 18-year old is the girl’s school classroom aide or school bus driver.**
The adult is not 18, but 40, but the minor says she gave consent.
The adult is a relative.
The adult is in a position of direct authority over the minor as a caregiver.
The adult is a registered sex offender who has already served his time.
The minor is male, as is the adult.
The adult is a known carrier of HIV and takes no pains to prevent its spread or informing his/her sex partners.
We can’t say that sexual maturity alone makes this an even playing field. Some of the instances above may be tolerable; in some instances, absolutely verboten.
(**) Let’s just pretend an 18-year old would be hired by the school district to operate a bus full of developmentaly challenged children, OK?