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 Pennsylvania, rape is defined under the Pennsylvania Consolidated Statutes Title 18, Section 3121. It is considered a felony offense and occurs when a person engages in sexual intercourse with a complainant by force, by threat of force, by coercion, by using drugs, intoxicants, or other means so that the complainant is rendered unconscious or otherwise incapable of giving consent, or through fraud. Pennsylvania law also recognizes that sexual intercourse with someone who is mentally disabled or incapacitated to the extent that they cannot consent constitutes rape. The state's definition of rape does not require physical resistance on the part of the victim. Additionally, Pennsylvania law includes provisions for sexual offenses against individuals who are under the care or supervision of the perpetrator, such as those in custodial settings. The penalties for rape in Pennsylvania are severe and can include lengthy prison sentences. It is important for individuals facing such charges to seek the counsel of an experienced attorney.