Q: (Hypothetical) Does the strength/ability of a victim to defend oneself affect the sentence given to a perpetrator?
For example: this is pretty extreme, but imagine a case where a scrawny midget who has no weapon comes up to a body builder and tells them to give up their wallet, and the body builder gives up his wallet.
Now imagine a sort of mirror case where the roles are reversed and a body builder (who has no weapon) is mugging a scrawny midget (who gives up his wallet).
Would there be any difference in the sentence each criminal received?
A: In this scenario there would be no difference in sentencing. The story might be harder to believe, but the crime is the same. There are crimes where the victim can affect sentencing, (ie. Battery on a Pregnant Woman or the Elderly, Exploitation of the Elderly, Abuse of a Child etc.) This is not one of those types of cases.
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