Joshua M. Borden - Whining Pedophile

“The nature of this crime is depraved and disturbing,” Judge Michael P. Barnes writes in the opinion. “Borden repeatedly molested (the girl). ... The long-term implications of this sexual abuse on the victim cannot be predicted. Borden’s statement of remorse simply does not and cannot make up for the harm he inflicted on this young child.”

The Indiana Court of Appeals denied on Wednesday a convicted child molester’s appeal, after he claimed the sentence he received was too long based on his criminal history and expression of remorse.

Madison Superior Court 3 Judge Thomas Newman sentenced Joshua M. Borden, a former Madison County Community Corrections guard, to eight years in prison in April after he pleaded guilty to three counts of child molesting involving a 7-year-old girl.

Each charge was a Class C felony punishable by two to eight years. The eight-year sentence was the maximum allowed in a plea agreement with prosecutors.

Border, 33, argued Newman should have given him a shorter sentence because he didn’t have any criminal history and expressed remorse. However, in an unanimous opinion of the three-judge Appeals Court panel, the argument was rejected.

“The nature of this crime is depraved and disturbing,” Judge Michael P. Barnes writes in the opinion. “Borden repeatedly molested (the girl). ... The long-term implications of this sexual abuse on the victim cannot be predicted. Borden’s statement of remorse simply does not and cannot make up for the harm he inflicted on this young child.”

According to a probable cause affidavit filed with the charges:
Police began their investigation after child protective services officials were contacted because the girl was discovered inappropriately touching herself while at school. The girl told investigators Borden had fondled her at least once in the past and that Borden sometimes asked her to touch him.

During questioning, Borden told detectives the girl “turned him on,” according to the affidavit. He admitted the girl touched him in a sexual way once, and that he fantasized about the 7-year-old.

Community Corrections officials previously said Borden was fired not long after the allegations surfaced on Oct. 19. He had been hired on Oct. 1 and had earned $8 per hour. He had passed a background check and did not have a criminal record.

Borden is serving his term at the medium-security Plainfield Correctional Facility. With good behavior, his earliest possible release date is October 2011, according to the Indiana Department of Correction.