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 West Virginia, rape is legally referred to as sexual assault, and it is a felony offense. The state's laws define sexual assault as engaging in sexual intercourse or sexual intrusion with another person by force, threat of force, coercion, or without their consent. Consent cannot be given if the individual is mentally incapacitated, physically helpless, or under the legal age of consent. West Virginia law also considers it sexual assault if the victim is intoxicated, unconscious, or otherwise unable to consent due to impairment. Additionally, the state recognizes that certain individuals, such as those in positions of trust or authority like police officers, clergy members, mental health service providers, and employees of care facilities, may exploit their roles to engage in non-consensual sexual acts, which can also constitute sexual assault. The penalties for sexual assault in West Virginia are severe and can include lengthy prison sentences. It is important for individuals to understand that consent must be informed, voluntary, and mutual, and cannot be obtained through manipulation or abuse of power.