Rephrase
What if the girl is a willingly works as such a freelancing prostitute knowing that she is underaged, and protected by the law. Even her identity is protected. This would give even more young girls courage to do such things for money, no?
They won't be prosecuted, only their 'clients' would be.
I say there should be such a clause that says if the girl is underaged and found to be willing, and with full knowledge of the law, that she could be prosecuted as well.
That's a reaction that I myself have had, and perhaps most people may have. I suspect the problem is that the age of the involved person here is close enough to the line, so it's not immediately obvious where such an argument fails. Thinking deeper, let's just put away the details of the case for a moment and take a leap of faith to view the law as being reasonable or trying to be reasonable. I don't think it's difficult to understand that this protection of minors issue has to do with a decent enough intention - that of assuming that children or non-adults have a limited understanding of consequences and actions and therefore there should be limited liability on their part, including that of protection of identity because they should not bear the burden for acts committed without full comprehension of the implications. The law does have to take a stand and stick by it for the sake of treating all equally, and the law took the stand that the line has to be drawn at 18. 17 is close enough to 18 and I guess it's easy to lose sight of the fact that no line is perfect. Lower it to 17? 16? 15? Then why not all the way to 8?
Your argument works for teenagers, because some of them are indeed mature, and have full awareness of what they're doing, as well as the potential consequences and repercussions. I certainly won't say that it's fair to say that there should be a clause where "underage girls with full knowledge of the law can be prosecuted", nor that determination of "full knowledge of the law" a simple matter in the first place. When you take the age down to something like 8, it may be more apparent why the law is there. It's easier to understand the concept of the line being drawn at 16 for statutory rape I suppose, now extend that to involvement of benefits of any form - and it's not hard to see why the law also wishes to push the age upwards for such cases. Certainly propositioning a minor to engage in sexual acts with returns/benefits/carrots of some form being involved requires the minor to have a higher degree of maturity to reject the proposition. Whether age equates to maturity is always a very debateable issue but one can only apply a rough guide in such cases, and age is a good enough proxy for most people.
Just my thoughts on the issue, cheers.
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