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 Colorado, the criminal offense of rape is legally referred to as 'sexual assault.' Under Colorado law, sexual assault occurs when an individual knowingly inflicts sexual intrusion or sexual penetration on a victim without their consent. Consent is defined as cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. Non-consensual acts can occur through the use of force, threats of force, coercion, or by taking advantage of someone who is incapacitated due to drugs, alcohol, or mental disability. Sexual assault is a felony in Colorado, and the severity of the charges can range from a class 1 misdemeanor to a class 2 felony, depending on factors such as the use of force, the victim's age, and the perpetrator's relationship to the victim. The state statutes also recognize that certain individuals, such as those in a position of trust or authority (e.g., public servants, clergy, mental health service providers), may exploit their roles to engage in non-consensual sexual acts, which is also considered sexual assault. Colorado law further criminalizes the act of a health care provider using human reproductive material from a donor other than the one intended by the patient during an assisted reproduction procedure. These laws are codified in the Colorado Revised Statutes, specifically in the sections dealing with criminal offenses.