> mentally ill adult, not an innocent victim
Did you really mean that? He may not have been a child, but he does sound like an innocent victim. If he were sufficiently mentally disabled he would get some similar protections to a child because of his inability to consent.
Nothing in the article alleges significant disability though. You're projecting your own ideas onto the situation, precisely because of the misleading title.
Please recognize that this is coverage of a lawsuit, sourced almost entirely from statements by the plaintiffs and fed by an extremely spun framing by the journalist who wrote it up for you.
Read critically and apply some salt, folks.
Maybe, but let's say the same person was playing with a gun. Would they reach the same outcome? Most likely