Thing is that it isn't the same so isn't going to be considered the same.
One person does something that could be considered a criminal act should the victim opt to press charges. Another person does the same thing. This could be addressed as two similar situations.
But when you add onto the two comparable foundations the situations are no longer similar. In one the victim feels, for whatever reason, that the invasion was egregious enough to merit pursuing the charges. In the other the victim just puts it in their back pocket for future use in an argument on an internet forum. Okay, now the situations are different, even if they only differ in how serious the victim considers the affront to be.
On a personal note I encounter this sort of variable regularly. If some little punk starts spouting off it's just hyperbole from a harmless idiot. I can say the exact same things and be looking down the gun barrel of a terrorist threat charge, or even a literal gun barrel in the hands of some scared gun nut that thinks they might finally get away with the killing in self defense that has given them wet dreams for however long. In itself this isn't fair, but in the bigger picture I get more than enough benefits from my size and appearance to believe that I benefit, on balance, so I take the unfairness of some details that cut against me as just part of the package.