DY: That is an excellent question. I don’t really know how to answer it, but there is a distinction to be made. I think Halacha intentionally wants a little cognitive dissonance here. We have to assume L;chaf Zechus, but that doesn’t mean we have to believe it and it doesn’t make it true.
Joseph: Differing punishments doesn’t make it Muttar. Just because it’s not a Chiyuv Misah doesn’t make it not Shfichus Damim. If you think it is, I expect to see you open an abortion clinic any day now.