New York’s Court of Appeals decided earlier this year that those who ejaculate on subway passengers — called “subway grinders” — aren’t guilty of felonies unless they use force, reports Daily News.

Even when a 300-pound “grinder” assaulted a 14-year-old on a packed train in 2002, the judge decided “there was no proof the girl felt threatened with violence.”

Despite the fact that NY law rates first degree sexual abuse as a Class D Felony, courts are treating this crime, even by repeated offenders, as merely a misdemeanor.

The law also states that first-degree sexual abuse occurs “when the other person is incapable of consent by reason of being physically helpless.”

So how is a child or anyone else packed into a subway, unable to move away from a sexual offender, not considered to be “physically helpless?”

Join women and lawmakers demanding justice for the victims of these assaults. Tell New York courts that subway sexual assault is a serious crime.