Ubiq
What your missing is clarity and definition to the word “bad ”
It’s an ambiguous word
I am using it in a clinical legal way.
You seemingly are using it in an emotional context.
A court does not belong meting out punishment based on their feelings.
That’s what we know of as אין עונשין אלא אם כן מזהירים or in sports lingo, you can’t change the rules mid game.
The idea of התראה is that a person can only get punished, when they undertook to do the crime knowing they will get the specific punishment. That’s why if you warn them they will get a light punishment and it is an error, you cannot give the correct severe one. Therefore the Torah lays out specific guidelines as to what punishment each crime gets. Rape of a single girl gets שקל 50 and married to her for life.
Consensual with a married lady gets death.
Which would you say is “badder “?
Of a divorced girl there is no clearly spoken punishment .
Should we say that’s because it’s worse than the other two so it’s so bad there is no earthly punishment?
I can’t figure out that logic.
That’s why I chose to say, if an unmarried girl carries a clearly defined punishment, and a married woman is clearly a worse punishment, and a single divorced girl has nothing written, it’s probably because it’s not as bad.
Just logic
You want a source for the judging of the severity of a crime by the punishment?
Start with the Gemmara that asks which is worse, ע”ז ג”ע ושפיחת דמים or שנאת חינם ?
To which the Gemmara responds
בירה תוכיח שחזר לראשונים ולא חזר לאחרונים
There are plenty of other Gemmaras, as I said all over סנהדרין .