Lower Level enemies hit ability

[RoxxiBellatrix]

Originally Posted by OutlawZ

For the same reason that you could have attacked (and possibly defeated) a higher level opponent at any time during the game.

Not entirely true. From the release notes:
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Release Notes - December 19, 2007

Lower level players are now able to damage higher level enemies. Previously, they would always miss.
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I do agree that if you don't get any Notoriety from an enemy because their level is so low, they shouldn't be able to hit you.