Ubiq
You like the Rambam so let’s see what he says
הלכות איסורי ביאה יב-ז ”עון זה אע”פ שאין בו מיתת ב”ד אל יהי קל בעיניך….
פרק יב-יג אל יהי עוון זה קל בעיניך מפני שאין בו מלקות מן התורה שגם…
Now I ask you
What is he worried about?
Why would I think it’s not a serious offense?
The answer is clear, to me at least , from his words.
Because it’s missing the punishment you may think it’s not so serious. So the Rambam needs to tell you that even so,
it is serious.
And that’s the secret of all the exceptions you may find.
The rule, as seen from this Rambam and other places, is that the severity of the crime can be seen from its punishment. Of course there are exceptions. But you or I can’t be the one to decide that.
If the Rambam were to say rape is the most serious crime, I’d have to agree with him (unless of course other ראשונים argued on him)
But he doesn’t.
In the Rambam you brought, he has a whole list of crimes and he neglects to bring rape!
Yes it can be included in some of the general ones he listed, but so can many others, and you can’t prove it belongs there.
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