50 year-old Timothy Malloy, a former teacher at a Wisconsin school, has been convicted of Second Degree Child sexual assault. Malloy taught at Whitman elementary school in Milwaukee Wisconsin. He was charged with sexually assaulting a girl when she was ages 11 to 13, at least 50 times. A second student at the elementary school also alleged that Malloy behaved inappropriately. Malloy said he suffered from depression during the time of the offense, and he is “disgusted with himself” and will seek treatment while incarcerated. He has been sentenced to serve a 10 to 15 year sentence under the terms of a plea deal, as well as 10 years post-release entry on the Wisconsin sex offender registry.
Pedophilia and depression are two very different mental illnesses. People that are depressed may despair, feel helpless and hopeless, and turn to drugs or alcohol for comfort; they may have difficulty functioning, and in a last act of desperation, attempt suicide. In some cases, depression may be successfully employed as a criminal defense to reduce criminal culpability, e.g., driving drunk. Nowhere in the diagnostic criteria for major depressive disorder does molesting young children appear.
Pedophilia is a mental disorder in which an adult feels sexual desire for a pre-pubescent child. This desire may never be acted on in a lifetime. The deviant desires may be resisted with every bit of strength the person has. They may feel guilt, shame and horror at their feelings for children, and never indulge these feelings. This is a sickness. If these feelings are indulged as fantasy, and escalate to behavior, or these feelings are embraced and acted upon, this is a criminal act. Pedophilia is not a valid criminal defense. Those who practice it must be removed from society, preferably permanently; as they have demonstrated they are unable to regulate their desires and are a threat to children in the community.
Another important point: criminals are very good at making others feel sorry for them. What they do best it to work people to indulge and excuse them. From attorneys, Counselors, juries, the media, and the public, sympathy for the offender allows the, to continue engaging in criminal acts. This especially applies to violent offenders and sex offenders. Something which many people, outside of the criminal justice system, as well as too many who work within the system, is that there is such a thing as evil. The chilling truth as to the motive of many offenders is they do terrible things to others because they like it.
Anytime others buy into an offenders plea for sympathy, proffering excuses such as a hard childhood, lack of opportunity, or they myriad plethora of other reasons, the offender is given permission to proceed. Their victims are forgotten, and their potential future victims are not protected.