Not only is it too subjective to say if a villain is "punished more than they deserve" and thus has a tendency to provoke edit-war, but the concept could just be a variation of the "tragic" category. Unlike most categories, which describes the villain's traits, Scapegoat is opinion-based and don't tell much about the villains persona. If an editor is compassionate enough, practically any villain who suffered a horrific death can fall under this category (as in Unintentionally Sympathetic). Thougts?