Being charged with rape

Yessenia • 20 years old / NY•Chile / 4 years with him <3
A 13 year old girl was dating a 20 year old guy. Her parents knew. She was reported missing by her parents and was found at the bfs house. He admitted to having sex with her. He is now being charged with rape. The age of consent is 14 for girls. So by law she was raped. My SO argues that he shouldn't be charged with rape because the girl did consent to having sex even though she can't legally. (Although he agrees he should be punished for being with a little girl) Do you think it's right that he's being charged with rape?  

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