Erwin is charged with statutory rape

Erwin is charged with statutory rape, which is defined as a having sex with a minor, a person under the age of 18. Erwin argues: “You can’t arrest me just because she’s 17 and I’m 21. Yes, we had sex, but it was consensual, plus she will be 18 in two weeks, and we are planning to get married.” Which of the four tests of worthiness does Erwin’s argument fail? Explain your answer