I think he might be questioning the ‘attempted’ bit (although I hope not). I saw someone on Twitter saying ‘*attempted* rape’ like that makes their intention any better and people pointing out that attempted doesn’t mean ‘alleged’ which is what they seemed to be implying.
The only way "attempted" should make any difference is if the attacker has some sort of attack of conscious, stops and admits guilt and takes full responsibility and even then its deserving of a custodial sentence. I've seen similar comments today myself and they are disgusting.
I don’t understand why they think attempted means it’s ok in this case. No one says ‘well, they only attempted murder so no harm done’.