Actually not true in the People's Republic of Maryland, where "persons aged between 14 and 16 may consent to sex as long as the other partner is not more than 4 years older." If this 18 y/o predator is the age he claims and no more than 4 years older than his 14 y/o victim, she can consent. Check their birthdays, and this may be a valid defense. The lawyer's claims don't address the victim screaming for help, but her age alone may not be sufficient for a conviction.
So a 12 year old can rape an 8 year old?
OK, I get that Md law says that a 14-16 year-old girl can give consent if her partner no more than 4 years older than she. But does she have to know his age for her to be able to give her consent or is it a case she says ‘yes’ to two guys and it’s just the luck or lack thereof of the guy’s birthday that makes him a rapist?
I understand this only covers the crime of statutory rape and in this case a rape is being alleged. One defense against rape is saying that it was consensual. Now is a jury going to take the word of the 14 year-old victim, or the words of two invaders from a distant land who happened to be her classmates?