“I don’t see the big deal about letting minors consent to sex.”
Same reason we don’t let them sign contracts or make major medical decisions or buy cars or join the military or drink alcohol… Their brains are not capable of judging the consequences adequately.
“I remember being 13 and knowing which things I wanted and which I didn’t.”
Okay. You could cooperate, but that doesn’t mean you were capable of consent.
“Even at 9 years old, I held meaningful opinions about things that were happening to me”
Okay. You could cooperate, but that doesn’t mean you were capable of consent.
“Problem: A 20-year-old man has sex with a 13-year-old girl. Was it consensual?”
By definition it was not.
“Solution: Let the girl know that her answer is entirely private”
No. She’s underage, the state has already determined her answer.
“Let’s take your logic further - Are there any 10 year olds who are capable of giving consent?”
Legally, no.
“8 year olds?”
This is not taking the logic further.
This is ignoring the actual logic.
“Certainly there are some who think that they are. Are they just because they believe it? Is there no victim?”
They’re not, whether they think so or not.
“I have no reason to think it’s impossible.”
Brains don’t actually mature until about 24.
“I’d have to look at each case individually, unless presented with medical evidence that 100% of humans younger than N years are incapable of giving consent.”
The law does not allow for individual capacity and certainly not for a MAP to make the evaluation.
“if the child doesn’t feel she has been victimized,”
Does Not Fucking No Pun Intended Matter.
She’s under age, she’s the victim.
“And I don’t think we can possibly help the child by telling her, “I know you don’t feel like anything is wrong, but what happened was very bad, and your friend is a very bad man who will be going away for a long time,””
Okay, everyone has an opinion.
“creating a painful memory from what was otherwise a pleasant (or at least unremarkable) experience”
Yes, yes, we should preserve her enjoyment of the statutory rape. So she won’t choose to NOT cooperate in the future.