Islam has dress and decency guidelines which apply to both male and female.
Whoever breaks these guidelines whether male and female is committing a sin. I can't wear indecent and/or proactive clothes as a Muslim man and neither can a woman and both are equally sinful whether there is a rape or not, a sin is being committed nevertheless.
The rapist has committed a heinous and vile crime and it does not take the responsibility away from the rapist no matter what.
No court (Islamic or otherwise) will let someone go or grant leniency based on how a woman is dressed. A woman can be topless but the man is still responsible for his actions, no mater what. Dr Zakir Naik repeats this twice that man is responsible no matter what!
A (Muslim) woman would be sinful for being topless in public, rape or sexual assault or not. A (Non-Muslim) woman would be pulled aside and admonished by Police in Islamic law if she is topless in public and referred to her court system while a Muslim woman will be arrested and probably imprisoned.
All of these guidelines do not apply to a "Non-Muslims" in Islamic law so a "Non-Muslim" woman is not required to wear Hijab under any circumstances but "Non-Muslims" are requested to dress decently.
"Non-Muslims" have their court and justice systems run by their people, although they can choose to refer their matter to an Islamic court by choice.
Once again, I will be sinful for walking around exposing my butt or my underwear as a man in public, no matter if someone is impacted by my actions or not, I will be sinful and will need to seek forgiveness.
Just like I will be sinful for eating Pork or drinking Alcohol, no matter someone is impacted or not. Impact doesn't dictate behavior in many instances. I can eat pork in privacy nobody knows and still be sinful!
There was no law in Ottoman or Mughul Empire requiring Non-Muslims to wear Hijab etc but Muslims and Non-Muslims have different rights e.g. a Muslim be counseled by Police on certain matters while non-Muslims are ignored.
Please go ahead and make your argument, ask your questions from an Islamic perspective and drop the hate/vitriol/venom! Not here to satisfy or please you but will engage with you in any questions/clarifications about Islam.
Afterwards, Shariah is none of your business, just like rules and regulations of your religion (etc) are none of mine.