People who do time on a regular basis for beating their kids to a pulp or even murdering them don't end up on the registry either, as long as they haven't been convicted of sexual abuse. If you want to put other categories of criminals on the sex offender registry then don't call it a sex offender registry. Criminal records exist for a reason.
I had pretty much the same thoughts. It is kind of the "principal" of the thing. I don't know how to explain it but I guess I can kind of see what the guy and his lawyer are making a case for.
I do think, however, that he should NEVER ever be allowed to work around kids, ect. He victimized a two year old baby. I think that he should "suffer" the same punishment as the people on the registry with the same restrictions.