I dunno. I think we should keep the meaning of this phrase in mind. I don’t see a problem with “institutional” sexual assault in this context, because there’s a meaningful power dynamic there. But, I do think that if you’re old enough to consent, that’s what it should mean: You’re old enough to give meaningful consent. Whether that age is sixteen or eighteen, it shouldn’t exactly matter (if the phrase means what it actually means and isn’t a legal term of art) how old the other person is. I mean, we don’t arrest sixty year old for perving on eighteen year olds (gross as it often is in its manifestations.)
That being said, whether that age is eighteen or sixteen or seventeen is really up in the air. The cutoffs will always be arbitrary. That being said, people under sixteen should be immune from any kind of silly trumped up child pornography charges or molestation charges for having sex, because that’s a fairly ridiculous idea. I mean, I would definitely think there was something wrong if kids were having sex at an appallingly young age, and would try to get them to talk to a professional, but they shouldn’t be arrested for it.
Oh, and we should admit that the sex offender registry has largely been a failure at doing what it’s supposed to do and has just created a platform for social ostracism. When we’re putting people on it for prostitution, you know it’s failed. Most children are abused by relatives or friends of the family, just the kind of person you’d put in your blind spot even if they were on the registry. Registries don’t keep rapists out of bars or parties. It’s not necessary, and the solution to sexual violence in society isn’t to create a caste of outlaws that have little to nothing to lose because they can’t have a life after prison.