But if you make the decision on a case by case basis then
Posted on: April 16, 2020 at 11:13:43 CT
DHighlander NWMSU
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you make it impossible to ever prosecute a statuary rape case. Every defense lawyer will claim that their client believed to victim to be mature enough to consent.
Anyone who has ever spent time with children, tweens and teenagers will tell you they ARE capable of making good, informed decisions. What they lack is the ability to CONSISTENTLY make good decisions.
I have seen HS kids step in and very maturely de escalate a situation with their friends and then turn around the next day a put a paper clip in a light socket to see what would happen. Same kid, different days.
Your example of the 22 year old downs woman would be a case very difficult to convict. Did she give consent, was she able to give consent, did the guy in good faith believe she was capable of giving that consent. Those should not be considerations when a 40 yr old bangs a thirteen year old.