Suppose there's a boxer, "Joe", and he has a scheduled fight against a named opponent. It's set in a legitimate venue, is freely advertised as if the promoters have nothing to hide, includes a normal ref & audience, and then proceeds like any other boxing match, including the traditional cordialities between opponents before and after. To "Joe", nothing's wrong. But then, years later, it's discovered that the opposing boxer was coerced into fighting, perhaps with threats of violence or blackmail.

Is "Joe" now guilty of physical assault, for repeatedly punching the other boxer, even if to "Joe" at the time it seemed like a normal voluntary encounter, no seedier than any other boxing match?

Maybe RMS's take was dumb. Maybe my analogy is dumb! But it's not "shameful" to try to work out the reasonable characterizations, given Minksy's possible mental state, the law, or common-sense. It might even be possible, under formal legal definitions, for Giuffre to have been "assaulted" while at the same time Minsky's actions don't rise to the level of "assault".