I'm sorry....but what a terrible...and dare I say un-American...thing to say.
As an American....and it doesn't matter WHO it is...if I want to be out at midnight...or 3 am...I have that right. If I'm out minding my own business in a public area...and something bad happens to me...THAT AIN'T MY FAULT.
What you are saying is like telling someone its their fault their car got stolen if they forgot to lock the door.
And yes, I am out regularly walking past midnight. I go on very long walks (at least 5 miles a day and 10 - 13 miles once a week) at night because its too hot to do it in the day here in SE TX. There's less traffic and its peaceful. If something happens to me...it ain't my fault. The responsibility lies with the person who did the illegal action.