If they can’t give consent, how can they be charged with the crime of consenting?
They can’t. But if a 13 year-old girl can give consent to a 12 year-old, she can give consent to a 50 year-old.
Consent is consent.
‘If they can’t give consent, how can they be charged with the crime of consenting?”
An excellent point even if though it’s not accurate to say they were charged with consenting. They would have been charged with various sex offences.
What the judge is saying in essence is they were old/mature enough to act with criminal intent, but not to have consensual sex. It’s absurd.