Syag
You went off topic there
We are discussing rape
The Gemmara discusses it being done in the presence of witnesses who warn him
Yes there are dinim for it being done with witnesses
It’s not assumption. The Gemmara in many places in סנהדרין when discussing the different עונשים for various crimes, clearly states that the more severe crime carries the more severe punishment.
Ubiq as I just wrote, it’s not an assumption.
Answer to #2 making him into a Zionist is worse (I don’t know if today’s “Zionists ” count) as חזל clearly state גדול המחטיאו יותר מן ההרגו
So why is there no punishment you will ask?
Great question.
I will offer a few possible answers.
1) the שו”ע says you can’t be מחלל שבת to save someone from שמד there is a huge סוגיא there discussing this very question. Look there. It’s probably the same (if I remember correctly one way out was that a person can always do תשובה so מחטיאו is not final whereas if you kill him it’s over)
2) you can’t give התראה as there is no actual time of “making him a Zionist ” as opposed to the moment he pulls the trigger.
3) who says there is no punishment ?? Much as we saw before, a list of גדולי פוסקי זמננו who say a molester is a רודף due to the ultimate outcome, who says we would not give סקילה to the Zionist maker based on מסית ומדיח ?? In which case he is getting a worse punishment as killing gets הרג which is less severe than סקילה