The term is commonly used to either make a crime out of something just because of the constellation between the offender and the victim. Or to aggravate the pun

The term is commonly used to either make a crime out of something just because of the constellation between the offender and the victim. Or to aggravate the punishment. I don't think the constellation should play any role at all. Same for other constellations that exist and modify punishment, like children being punished less (or not at all). Or drunk/drugged people getting massively less punishment. Or harassment against politicians getting punished a lot harsher. Or "sick" people being punished less or not at all. (Many of these examples only exist in my country I think). It's all abused either by the offender, the victims or third parties.