Don't Ask Don't Tell

It occurs to me that, under the rules of don't ask don't tell, John could possibly have sex with Ronon and get away with it.

Don't ask Don't tell doesn't allow homosexual liasons. (I know that's not really what it is, but I'm using DADT to show the entire US military)

In John's case, he'd need another male.

Ronon is very much male, we know this.  However, he doesn't hold citizenship for any Earth country, nor has he applied for assylum with any Earth country.

As far as Earth is concerned, he doesn't exist.

So can John be held accountable under Earth laws for having sex with a man who doesn't exist, under Earth laws?