From Zenit, thoughts from a CDF official who offered his thoughts on the application of sexual-abuse policies:

2. Another matter concerns the age of the victim. The recent legislation puts this at “under 18 years.” This follows a number of civil laws. It has to be pointed out, however, that this innovation does complicate the question of discernment concerning the nature and gravity of the offense. … It is easy to understand that there is a very important distinction between the case of a male cleric or religious who has intercourse with a girl of 12 and the case of a cleric or religious who has intercourse with a girl who is 17 years 10 months old and who was very much in love with him. … In the second case it would be difficult to state in honesty that the cleric or religious concerned is a threat to minors.