And this is the biggest weakness of the current top down model of governance that we have.
Id like to see a system where judging those who have supposedly done wrong is done almost entirely by the community, not the government. Government/security forces (including police) intervention should be a last resort.
The law has little gaps like this where someone well meaning who is not intending to break a law inadvertently does so.
Minorities tend to have the law applied to them more harshly.
Not everyone has safe access to the legal system, i.e. undocumented migrants.
If you are in a marginalised group and have a crime committed against you, your experience will likely be different compared to what a white heterosexual christian male would experience.