Ah,but step follows step: When it is declared that XYZ is not a mental illness, that it stands to follow that it (like homosexuality) is either:
a) An inhert condition
or
b) An "orintation"
neither of which is a crime. Indeed, this could very easily be spun in this fashion:
"Yes, my client knows that XYZ is not a usual practice and is even condemned by many others in society. And, yes, he still does it. And we know now it's not a mental illness. We know he isn't 'crazy'. So the question is not 'Did he do it?' but 'Why did he do it?' Because it is his sexual orintation. Something he was born with. Something over which he has no control..."
I think the response to to that would be "Then he just needs to be locked up and kept away from kids." Which is sort of where most people are at anyways I think. People don't oppose pedophilia just because they think it's icky, they oppose it because there's a victim.