as a society, we've decided that it's not possible for an underage girl to consent to sex with an adult male. any sexual contact in that scenario is rape, no matter what the girl says, due to the difference in maturity/power/etc of the two individuals involved. that difference is magnified by infinity when talking about the all-powerful creator of the universe versus an underage girl. by our society's definition, it wouldn't be possible for mary to consent (or really any woman of any age, if we use discrepancy in maturity/power as a measure of consent). verse 38 is irrelevant to the discussion.

"rape" is a loaded word here though, because, as far as we know, there was no sexual contact involved in the conception. God just spoke it and it was. but still, there's the issue of impregnating an underage girl (keeping in mind that she's underage by our standards, not the standards of the time, for whatever that's worth).

i can see why people are mad about the question; it's easy to take the wrong way. but it's an interesting discussion about the things we as a society have chosen to normalize versus things that are immediately repulsive to us, and how thin that line actually is, especially when it comes to religion.