The only reason it would be a gamble is because she is black. I think if a white father had done it, there wouldn't even have been an arrest.
The fact that the child invited him in is no excuse. The man should have known she was underage, and if not, should have asked her to make sure.
A child is not old enough to smoke, drink or sign a contract. A child is protected statutorily even if engaging in consensual sex. (The only exception to this age-old rule seems to be transgenderism, under the evil lie that it is "healthcare".)
Shove your strawman where the sun don't shine.