KY
I’m referring to R’ Michel Shurkin, he is B”H alive and well
“Plus In one he also created hardship to the victim so it’s worse”
YES! Exactly. Of course Beis din can’t punish for the “hardship” but the SAME ACT can still be worse based on external factors like hardship.
“But if I ask you which is worse breaking your window or killing your sheep, and the monetary value is the same. How would you answer that?”
I would answer it depends on the circumstances. If the sheep was the only source of livelihood and now the guy is bankrupt obviously the sheep is worse. If the guy had thousands of sheep and a few sick ones got killed then destroying a window might be worse (I’m having a hard time coming up with a plausible scenario for the window being worse but hopefully you get my point)
“Rape is mostly an emotional crime. So yes today it’s a total horror.”
YES! exactly. Very emotional! probably even life changing!
Thus much like Dovid Hamelech’s case Aveiros are NOT judged SOLELY based on punishment. The “hardship created” is factored in as well. You quoted from the sifsei chachamim that rape is a form of gezel.
Without question the “hardship created” by rape is worse than a pen being stolen. Thus although the punishment is less (or even non existent as it would be for stealing < shava peruta) the averia is still much much worse.