i think the scenario being envisioned is more a domestic violence situation where the "beator" says no and the "beatee" says yes.
HOWEVER, I think this smacks of occupant shopping in much the same way as the courts see forum shopping as a no no.
The police mearly wait for the 16 year old (which is all that is required in age for most states for service of process btw) and ask the child if it is ok to go in.
I think it really matters what the facts are in this case and the court have better CHAIN their ruling to those SPECIFIC facts.