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 Delaware, rape is defined under Title 11, Section 761 of the Delaware Code. The law states that a person is guilty of rape when they engage in sexual intercourse with another person without the latter's consent. Consent is not considered given when it is obtained through force, coercion, or when the victim is mentally incapacitated, physically helpless, or under the legal age of consent. Delaware law recognizes varying degrees of rape, with first-degree rape being the most serious and carrying the harshest penalties, including the possibility of life imprisonment. Rape in the second and third degrees also carry significant penalties, including lengthy prison terms. Delaware does not use the term 'sexual assault' for these offenses, but it does have separate statutes for other sexual offenses that do not involve intercourse. The state's laws also cover situations where the victim is incapacitated due to intoxication, unconsciousness, or mental disability. Additionally, Delaware law considers it a crime for health care providers to use human reproductive material from a donor other than the one intended by the patient during assisted reproduction procedures, under certain circumstances. As with all criminal offenses, the specific circumstances of the case can affect the charges and penalties.