The Loophole

[O]ut of 54 US states and territories, 44 of these jurisdictions, including Alaska, do not have a legislated definition of sexual contact that explicitly mentions contact with semen, according to research by BuzzFeed News and AEquitas, a DC-based nonprofit group of former specialized prosecutors who focus on issues of gender-based violence and human trafficking. In Delaware, Mississippi, New Hampshire, Ohio, and Texas, to name just a few, Schneider might still slip through the same loophole.

Jennifer Long, who runs AEquitas, said unwanted contact with ejaculate is a “humiliating” and “egregious” form of sexual assault.

“There is a past and in some ways present tendency to minimize contact or penetration that doesn’t meet the most stereotypical elements of assault: gunpoint, violence, penetration, ejaculation, injuries everywhere,” she said. “But that’s not necessary in order to be a crime of sexual violence.

"Just because a penis or vagina hasn’t physically touched someone but ejaculate has, it doesn’t lessen the crime or its impact on the victim,” she said.