I understand and agree with what you are saying, but I ask. Are they sexually active because they choose to be or because they are all being raped? That's the issue at hand. If they are sexually active, it's because they choose to be. And if they choose to perform sexual acts, they shouldn't be allowed to go back and press charges once they are caught.
Your argument goes like this:
1. In order to be sexually active, one must choose to participate in the sexual act.
2. If one does not choose to participate in a sexual act but is forced to, it is rape.
3. Most 9th grade girls choose to participate in sexual acts.
4. Most 9th grade girls are not raped.
My argument goes like this:
1. 9th graders do not have the maturity to understand or handle being sexually active and are harmed if they choose to participate in a sexual act.
2. In order to be sexually active, one must choose to participate in the sexual act.
3. 12th grade boys do have the maturity to undersand and handle being sexually active.
4. The onus is on the 12th grade boy to not provide the opportunity for the 9th grade girl to choose to participate in a sexual act.
5. 12th grade boys who do provide the opportunity for the 9th grade girl to choose to participate in a sexual act have taken advantage of the 9th grade girl's maturity.
6. The 9th grade girl is harmed by the sexual act.
7. The 12th grade boy has willingly participated in an action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited (crime).
While you claim that the 9th grade girl is capable of making decisions on her own, don't forget that the 12th grade boy is just as capable. If there's even the slightest inclination that she's uncomfortable with it, why pressure her?
And if empirical data shows that 9th grade girls are effected negatively by participating in sexual acts, why grant leniency to the 12th grade boy who provided the opportunity?
I realize what the report says. But I also realize that a report will say anything a victim wants it to say, true or false. If he has a half way decent attorney, he'll walk without charges. Because if she's sexually active, I doubt this was her first blow job. And if it's proven that she consented to the blow job, it won't matter, because the law says she's not old enough to consent. THAT is bullshit. And, if he had received the blow job when he was 17, even if it were the day before, we wouldn't be having this discussion. THAT is bullshit.
The nuances of the law are difficult to swallow (ha!), but the law is the law.
If it's established as law, then it's the job of the boy to know and understand the law.
If the law is erroneous in nature, then these debates shouldn't be sparked by specific cases.