the other young girl, daisy is 14. now you've got to find consent. is this where the problem began? >> yeah. statutory rape, you just have to look at girl's birth certificate. if he's under 13 and an older boy had sex with her, he's guilty of rape. that's it. we have what we call romeo and juliette allow lau u.s. and between 14 and 17, if the boy and the girl have sex, the idea is if it's voluntary and consensual, we don't want to make them criminals. >> and at this party there are witnesses who say it was consensual. yet daisy -- >> he had a iphone recording. >> daesy gets there and is handed a clear liquid and said, drink it. she drinks. it she becomes disy. then goes into a bedroom with