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 Utah, rape is defined under Utah Code § 76-5-402 as having sexual intercourse with another person without their consent. This includes situations where the victim expresses lack of consent through words or conduct, is incapable of consenting due to mental disability, intoxication, unconsciousness, or being physically helpless. The law also considers it rape if the act is accomplished through force, coercion, or threat of force. Rape in Utah is a first-degree felony, which carries severe penalties including potential life imprisonment. Utah law also recognizes that certain individuals, such as those in a position of special trust (e.g., clergy, therapists, or caregivers), may not legally obtain consent from individuals under their care, making sexual activity with such persons potentially criminal. Additionally, Utah has specific statutes addressing sexual offenses by health care providers, including situations where a health care provider may deceive a patient during assisted reproduction procedures (Utah Code § 76-5-406). The state's approach to defining and penalizing rape reflects a broad understanding of consent and the various circumstances under which it cannot be given.