Draft Legislation Will Address Concerns Brought to Light by Schneider Case
Anchorage – Representative Matt Claman (D-Anchorage) plans to introduce legislation to close a loophole in Alaska’s sex offense statutes. The legislation, which is currently being drafted, would add unwanted contact with semen as a sex offense in Alaska.
At the request of Rep. Claman, the non-partisan Legislative Research Services prepared a report reviewing statutes and case law in all 50 states. Currently, there is no state where ejaculation onto another person—without any direct bodily contact with that person—is formally regarded as an offense of sexual assault against an adult.
“Our research found that this ‘loophole’ actually exists across the United States and is not specific to Alaska,” said Rep. Claman.
According to the report, in the United States, forcible or non-consensual contact with semen, perpetuated by one person against another, typically constitutes a criminal offense that does not meet the legal definition of sexual assault as variously defined by states, but may meet the definition of other sex offense, including the crimes of sexual abuse or sexual battery. In a court of law, the legal definition of sexual assault varies among states, but typically involves the non-consensual or forcible imposition of one or more specific forms of direct bodily contact.
“Amending Alaska’s sexual assault statutes to address this issue that many Alaskans are concerned about is one step in the right direction towards providing legal protection for victims of such heinous crimes, and I look forward to working with my colleagues in the legislature to swiftly pass this legislation,” said Rep. Claman.
Rep. Claman plans to pre-file the bill for consideration when the 31st Alaska State Legislature convenes in Juneau on January 15, 2019.
For more information, please contact Lizzie Kubitz in Rep. Claman’s office at (907) 465-4904.