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 Maine, the crime of rape is legally referred to as 'Gross Sexual Assault' under the Maine Criminal Code. A person commits this offense by engaging in a sexual act with another person by using force or coercion, or when the other person is incapable of consent due to physical helplessness, mental disability, or incapacitation due to drugs or alcohol. Gross Sexual Assault is a felony in Maine, and the penalties can be severe, including significant prison time. Maine law also recognizes that certain individuals, such as those in a position of authority or trust (e.g., law enforcement officers, clergy, mental health professionals, and caregivers in assisted living or nursing homes), may be in a position to abuse their power, and sexual contact under such circumstances may be deemed non-consensual. Additionally, Maine statutes address the issue of sexual assault in the context of assisted reproduction, making it a crime for a health care provider to use reproductive material from a donor that is not the one intended by the patient. The specifics of these laws are detailed in the Maine Revised Statutes, particularly within the penal code sections dealing with sexual offenses.