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 Arkansas, rape is defined under Arkansas Code Annotated § 5-14-103. The law states that a person commits rape if they engage in sexual intercourse or deviate sexual activity with another person by forcible compulsion, or if the other person is incapable of consent because they are mentally incapacitated, physically helpless, or under the age of 14. The law also considers it rape if the perpetrator is a minor and engages in sexual intercourse or deviate sexual activity with someone who is less than 14 years old and the perpetrator is at least three years older than the victim. Rape in Arkansas is a Class Y felony, which is the most serious class of felony in the state, and it carries a potential sentence of 10 to 40 years or life in prison. The state's statutes do not specifically address the issue of a healthcare provider using reproductive material from a donor other than the intended donor during an assisted reproduction procedure. However, such actions could potentially be prosecuted under different statutes depending on the circumstances. It is important for individuals to consult with an attorney for specific legal advice and to understand the full scope of the law as it applies to particular situations.