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 Illinois, the criminal offense of rape is legally referred to as 'criminal sexual assault' and is defined under Illinois Compiled Statutes 720 ILCS 5/11-1.20. The law states that a person commits criminal sexual assault if they commit an act of sexual penetration by the use of force or threat of force, or if they know that the victim is unable to understand the nature of the act or is unable to give knowing consent. This includes situations where the victim is intoxicated, unconscious, or mentally disabled. Illinois law also recognizes that sexual penetration without consent is criminal sexual assault when the victim is under the influence of alcohol, drugs, or anesthesia and could not give consent, or if the victim has a mental disability that renders them unable to consent. Additionally, Illinois law includes provisions for 'criminal sexual abuse' for sexual conduct without consent under similar circumstances. The state also recognizes the criminal offense of 'aggravated criminal sexual assault' which includes certain aggravating factors such as bodily harm, display of a dangerous weapon, or the victim being 60 years of age or older or physically handicapped. The penalties for these offenses are severe and include significant prison time. Illinois statutes also address the issue of sexual misconduct by those in positions of trust or authority, such as public servants, clergy, mental health service providers, and employees of assisted living centers or nursing homes, under specific circumstances that may render the consent invalid due to the power imbalance or trust inherent in such relationships.