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 Mississippi, rape is defined under Mississippi Code Section 97-3-65. The law states that a person commits the offense of rape if they engage in sexual intercourse with another individual without their consent. This includes situations where the victim is compelled by force, threats of force, or when they are incapacitated due to mental disability, intoxication, or unconsciousness and therefore unable to give consent. Rape in Mississippi is considered a felony and carries severe penalties, including lengthy prison sentences. The state's statutes also recognize statutory rape, which involves sexual intercourse with individuals who are under the age of consent and unable to legally consent to sexual activity. Mississippi law does not specifically address the issue of sexual contact with public servants, members of the clergy, mental health service providers, or employees of assisted living centers or nursing homes in the context of consent. Additionally, Mississippi law does not have a provision regarding health care service providers and the use of reproductive material in assisted reproduction procedures. It is important to note that legal definitions and penalties for rape can vary significantly from state to state, and individuals facing such charges or situations should seek the advice of an attorney for guidance specific to their case.