Yes, you can make it less painful to be a victim, but truly, who in their right minds wants to be a victim in a game? It's why NPCs aren't the perfect fighting machines that some heroes want them to be, because if you died often at the hands (well, lasers) of NPCs, you'd soon have very few people playing the game.
Victim is pretty strong...in a game where there are expectations of crime occurring. In life...a person makes a bad choice and walks through a bad part of town wearing all their bangles and bows..and winds up mugged. They are a victim because we abhor crime in real life, and are extremely intolerant of bad things happening to others. No matter where you go, in RL, you should be able to walk safely. That is the expectation...and with good, solid reasons.
In a game, this game, it is different..and I can see the tenor of the discussion has definitely changed...at least to a some deeper understanding.
Knowingly choosing to play in Open, knowing that crime is a part of the game, should make it obvious that crime could occur to you. At that decision point, you no longer are a victim..but a participant. Whether it as a bunny, hiding from hawks, or a hunter of hunters...and any other various ways and means that you can role play your reaction to someone you meet in a wild place. (not intending this to be a discussion of food chains...just an example of how people react to perceived danger).
I agree that people are still being content for each other, and the avoidance of this is possible. This is actually a form of punishment, as you cannot get a full, shared experience i.e. a 'pure PVE' experience (which is an interesting way to provide an incentive to be a participant in Open, no?).
However, the modes are a dual edged sword..as they also punish those that take the PVP experience 'to far'...in my mind the two sets of complaints (we want a 'pure pve' mode and people need to be forced to open because we have no 'content') are two different sides of the same coin. This singular problem is why this game will always be a niche game. Not because it is a space game...or has simulation levels to it...but it pressures players in an odd way to act against their natures.
PVE people can be happy...but not as fulfilled as they could be...so feel pressured to interact..and can't/won't...or try and get mugged and feel they were wronged..and the PVP people have to curb their appetite for wanton killing. And this pressure will not be changed because the devs have designed the game to create the pressure.
Fair? Unfair? Like? Hate? It's the rules we play with in the game as it is designed and intended. The only question anyone has to answer, is Play? or Not play? You pays your money, you takes your chances.