Why’s that then? He believed she was older as did other independent witnesses and she was a willing participant. Although a minor cannot give consent if the accused can show that the minors’ age was 16 or greater then that leaves the way open for the charge to be dismissed. Had any degree of force been used then he would have been convicted. Statutory ■■■■ isn’t a legal term in this country but the word ■■■■ helps to make a good headline!