Neither party can give consent.
I think most people instinctively recognize that either children can have “consensual” sex, or they can’t. Saying they-can’t-but-they-can-you-know isn’t working out.
“Neither party can give consent.”
Obviously that is the law, but the question is, is it a sensible one? I think in many European countries these laws take into consideration the age difference between the parties, like if it is less than 2 years, then it is not considered a criminal act regardless of the age of the children. I guess (I don’t know for sure) a court could order counselling or whatever, but they would not be branded as sex criminals.
Seems like a more reasonable approach to me.
If they can’t give consent, how can they be charged with the crime of consenting?