You're muddling the context of "doesn't matter". In your hypothetical, the rapist would be prosecuted for rape and you would be prosecuted for assault. So yes, it matters in that it should not be ignored. In mine, I am saying it is inconsequential to the morality of the situation whether the child feels harmed or not. A prosecutor may still charge the abuser with additional counts for physical abuse if warranted.
> t it would be irrelevant to analyse the exact act and try to define exactly how bad it is. But that doesn't mean there still is a scale
This is my point. Trying to define a moral scale of abuse based on the response of the abused -- consent, nonconsent, etc. -- is not more than an irrelevant intellectual exercise.