You are justifying the behavior, and not condemning it. Thus, you will defend the tendency/orientation above a person. And so that makes the argument weak. I found a fallacy/vulnerability in your argument – a fault. And likewise, to present a qualifier “If_you_don’t_have_even…”, doesn’t make it either. Your presupposing evolutionary biology and all of it’s constructs are full/fitting points on the subset of all species. You therefore would present the case for rape. And that is fallacious/condemnable. That’s all you granted to me with your argument. You do not believe in justice/morality, but pure science as the determinate factor. Which is faulty, because you would need let biological factors of a criminal be permitted.