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 Indiana, rape is defined under Indiana Code 35-42-4-1 as knowingly or intentionally having sexual intercourse with another person when: (1) the other person is compelled by force or imminent threat of force, (2) the other person is unaware that the sexual intercourse is occurring, or (3) the other person is so mentally disabled or deficient that consent cannot be given. Indiana law also considers it rape if the sexual intercourse is with a person who is unaware that the sexual act is being performed or if the act is achieved by using or threatening to use deadly force. Rape in Indiana is a Level 3 felony, but it can be elevated to a Level 1 felony under certain circumstances, such as if it results in serious bodily injury or if it is committed by using or threatening the use of deadly force. The state of Indiana does not use the term 'sexual assault' in its criminal statutes, but the conduct commonly referred to as sexual assault in other jurisdictions may be covered under Indiana's criminal deviate conduct and sexual battery statutes. Indiana law also includes provisions for sexual misconduct with a minor and other related offenses that address non-consensual sexual activities under various circumstances. Penalties for rape in Indiana are severe and can include significant prison time.