Let's go out on a limb here nomerci, and accept (for the sake of the argument) that people are "born defective".

If they are born that way, through no choice of their own (and they are 'defective') do they deserve to be criminalized?

I have trouble with that notion. It reminds me of a dark period of history many, many years ago when your legal rights were determined by the color of your skin.

Come to think of it, in some countries... that still is the case.