No, at any point, I do not think it is the state's place in what pose you had sex with someone. If there is statutory rape you still should not be getting extra prison time for doing it in a given combination of orifices than another. And to point this out is not some kind of creepynambla argument.
And no, I do not think that 17-year-olds are children. Where this 'victim' to commit a crime - say, murder a man - everyone would be falling all over themselves to have him tried as an adult.
First, let me point out, in case it has been missed/misunderstood, that I have been playing devil's advocate/explaining the position of the Commonwealth of Virginia, as opposed to expressing my personal opinion(s). Since they are personal you will most likely not hear those opinions expressed directly.
SCOTUS and the Commonwealth of Virginia agree with you that it is nobody's business what/how two consenting
adults do in the privacy of their bedroom. More than likely, if pushed, both SCOTUS and the Commonwealth of Virginia would extend that notion to any number (odd or even) of consenting
adults.
The Commonwealth of Virginia asserts that since SCOTUS did not address the rights of minor CHILLLLLDRENNNN to do whatever they want with whatever number of
adults in the privacy of their bedroom or elsewhere, that the Commonwealth of Virginia may continue to express and exert its theories and notions of controlling the behavior of minor CHILLLLLDRENNNN without interference from the federal government. To that end the Commonwealth of Virginia suggests that the 4th Circuit panel take the 10th Amendment out of their fundament, unfold it, and actually read the document.
Further, the Commonwealth of Virginia states and asserts that in spite of having a tin foil hat jammed tightly about its ears, applying the standards applicable to
adults to the behavior of THE CHILLLLLDRENNNN would in fact mean that there would be no way to stop those icky NAMBLA creeps from doing icky things to THE CHILLLLLDRENNNN.
Further, the Commonwealth of Virginia asserts that it has the right and power to decide at what age THE CHILLLLLDRENNNN of the Commonwealth shall be deemed legally able to consent to have any kind of sex in any position in any location with an
adult, and that it boldly, loudly, and defiantly says that as far as it is concerned there is no age at which one of THE CHILLLLLDRENNNN can lawfully/legally consent to have any kind of sex in any position in any location with an
adult. In other words, let them wait until they are an
adult themselves.
Further, the Commonwealth of Virginia asserts that what it does with regard to controlling the sexual activity/behavior of THE CHILLLLLDRENNNN has nothing to do with how it deals with THE CHILLLLLDRENNNN regarding the commission of any other crime(s). The 10th Amendment says the federal mgovernment should not be sticking its nose into issues of at what age we decide THE CHILLLLLDRENNNN can be given the needle, so long as that age is at or above the arbitrary minimum set and forced on the Commonwealth by SCOTUS in a fight the Commonwealth lost and does not wish to elevate to the importance of the Late Unplesasantness by fighting over again. The Commonwealth of Virginia further asserts that any differnce in the age at which it will execute one of THE CHILLLLLDRENNNN has nothing to do with at what age THE CHILLLLLDRENNNN can consent to have any kind of sex with an
adult.
And just to clear the air, using 18.2-361(A) to prove the violation of 18.2-29 is not a penalty enhancer of any sort or stripe. The Commomwealth cannot merely allege thast you contributed to the delinquency of a minor - it must prove beyond a reasonable doubt that you committed some act that in fact did, by its commission, contribute to the delinquency.
There is no "statutory rape" in the Commonwealthof Virginia - all rape is "rape rape". And nobody accused MacDonald of rape, so why is that issue even being brought up?
You want to have sex of any kind in any position in any location with a partner who is less than 18 years of age? Go to some state that has an age of consent less than 18. Just do not bring a Virginia CHILLLLDDDD with you to that state because the feds will nail your hide to the barn under the Mann Act. Further, you do not want to know what the Commonwealth of Virginia will do to you before or after the feds get finished with you. Oh, wait! Let's just look at the
MacDonald case, as it pretty much covers the subject.
[/ explaining the position of the Commonwealth of Virginia]
stay safe.