That would make it different. However, I have seen a few suggestions on forums in this direction, but no statements in newspapers or similar to this effect. If the prosecutor knows and is convinced that there was no coercion nor deceit, and still presses a case, that I would object to. I have no reason (no even just somewhat 'objective' sources, as in not coming directly from the accused) to believe that this is the case though.

Then again I'm not following it any closer than the most prominent articles that make the popular nerd news sites, and a mainstream headline here or there, so it's very well possible that I'm not up to date on all aspects.