Re: Sex with girl, 10, was consensual, says accused ma

Though I do not agree with the law, the magistrate in charge has to work with-in the written laws that are now on the books. According to the law, any person(s) who are under the age of 18 cannot enter into a contract, because of the limited experience and intelligence of said person(s), neither may they make a health decision on their own. This is the law in all 50 states, which is why in some states, even though the age of consent may be 12, you could still get charged with statuary rape because the person is under 18 and having sex is considered a health decision, and she is not capable of making that decision on her own, and therefore you forced yourself on her, since she's not able to make that decision for herself. Circular reasoning at it's best.

The magistrate only quoted the law, his personal opinion does not come into play here, (though he may very well feel the same) but the law says it cannot be consensual because she is not capable of making that decision on her own, the girl herself could come in and under oath tell the judge that she wanted to have sex with him, and that she made that decision herself...but it won't matter, because the law says she is not capable of making that decision until she is 18....that's it.