A person generally commits the criminal offense of rape by using force, threats of force, coercion, or fraud to have non-consensual sexual intercourse with another person. In some states this criminal offense is called sexual assault. Rape is a felony offense with significant jail or prison time as potential punishment.

Laws vary from state to state and some state laws also include in the definition of rape sexual intercourse with a person who is intoxicated by drugs or alcohol, unconscious, or mentally disabled and unable to consent to the sexual intercourse. And some states have a broad definition of the lack of consent to sexual contact constituting rape and include sexual contact with public servants (police officers, etc.), members of the clergy, mental health service providers, and employees of assisted living centers or nursing homes as lacking consent under some circumstances.

In some states it is rape or sexual assault for a health care services provider performing an assisted reproduction procedure to use human reproductive material from a donor other than the patient’s intended donor.

Rape or sexual assault laws are generally located in a state’s statutes—often in the penal or criminal code.

In Georgia, rape is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-6-1 as a person having carnal knowledge of a female forcibly and against her will, or a female who is less than ten years of age. Carnal knowledge is legally understood to mean vaginal intercourse. Rape is considered a felony offense and carries severe penalties, including the possibility of life imprisonment or the death penalty under certain aggravated circumstances. Georgia law also recognizes the incapacity to consent due to mental disability or intoxication. The state does not use the term 'sexual assault' for the specific offense of rape, but sexual assault can refer to other sexual offenses under Georgia law, which may include sexual battery or aggravated sexual battery, among others. It is also a crime in Georgia for individuals in positions of trust or authority, such as psychotherapists or school personnel, to engage in sexual contact with persons in their care. Regarding health care providers and assisted reproduction, Georgia law would consider it a criminal act if a provider uses human reproductive material from a donor that is not the intended donor without proper consent.