If the DA is pursuing a first degree charge it's unlikely the contact was consensual or it might be a case where the girl in question was too much of a child to form any meaningful consent to sexual contact and that is first and foremost the issue, whether or not the sexual contact was abusive. 
Contrary to Outsider77's outdated concept of harm (having to do with female honor or virginity), the real harm to girls (and boys) who are sexually exploited is their sense of bodily integrity, that is her sense of personal autonomy and self-determination. Outsider77's distortion and trivialization of sexual abuse is part of the problem.
"According to the Third National Incidence Study of Child Abuse the
number of abused and neglected children in the U.S. grew from 1.4 million in
1986 to over 2.8 million in 1993 and the number of sexually abused
children rose by 83% in that period.1"
http://sanctuaryweb.com/Portals/0/Bloom%20Pubs/2003%20Bloom%20Understanding%20impact%20sexual%20assault.pdf