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 Vermont, rape is legally referred to as 'sexual assault,' and it is a serious felony offense. Vermont law defines sexual assault as engaging in a sexual act with another person without the consent of that person, and it includes circumstances where the victim is coerced, threatened, or physically forced into the act, as well as situations where the victim is mentally incapacitated or physically helpless, such as due to intoxication or unconsciousness. The law also considers it sexual assault if the victim is unable to consent due to a mental condition or developmental disability. Vermont statutes further recognize that certain individuals, such as those in a position of authority or trust (e.g., law enforcement officers, clergy, mental health professionals, or caregivers in assisted living or nursing homes), may exploit their roles to engage in non-consensual sexual acts, which can also constitute sexual assault. Additionally, Vermont law criminalizes the conduct of a health care provider who uses reproductive material from a donor that is not the one intended by the patient in assisted reproduction procedures. The penalties for sexual assault in Vermont are severe and can include lengthy prison sentences, fines, and mandatory registration as a sex offender.