We get that point. 18 is an arbitrary age. I understand what you are getting at. I wouldn't throw an 18 year old in jail for having sex with an 17 year old. I had sex with a 19 year old at 15.
We should be able to agree there is no circumstance that a 12 year old can consent to sex.
If you think there is one can you elaborate?
Thank you for asking a reasonable question. I will elaborate on my rationale.
First, what is a fact?
We can both have an opinion, but neither of us can take a thing unproven and claim it as fact. Even if we both share the same opinion on something, because we prefer it to be so, it isn't our agreement alone which makes something a fact or not.
In other words a thing unproven or untrue can't be voted to be proven or true simply because we prefer it as an outcome. Even if something is true MOST of the time, if there are some, even a very few instances of exceptions, it can't then be said to be a fact that X cannot happen, ever.
We likely both agree that most 12 year olds have not developed the wherewithal to consent and we both seem to dislike the idea of a 12 year old having sex in any circumstances. How does our dislike prove that ALL 12 year olds CAN'T consent though ? I've maintained that the younger a person is, the less likely they are to have developed the wherewithal to consent to sex. I'd prefer they didn't, but again, my preferences can't create a fact from something which isn't a universal fact.
Some people would claim that no 15 year olds are capable of consenting or 14 year olds etc. How does their opinion make that a fact is the question. Were you capable of giving consent at 15? Are some 15 year olds incapable ?
Also as a disclaimer, long ago when this topic originally came up, it was a generic discussion about what is consent and who can give it? It wasn't me advocating for people to bang their babysitters. But...the jackals.