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 Idaho, rape is defined under Idaho Code § 18-6101 as the act of non-consensual sexual intercourse accomplished with a male or female person by force, threat of force, or fraud. Additionally, Idaho law considers it rape if the victim is unable to give consent due to being mentally disabled, intoxicated, or deceived as to the nature of the act. The law also includes situations where the victim is unconscious or otherwise physically incapable of resisting. Rape in Idaho is a felony offense and carries severe penalties, including the possibility of life imprisonment. The state does not use the term 'sexual assault' for this offense, but rather specifically refers to the crime as 'rape.' Idaho law does not explicitly mention sexual contact with public servants, members of the clergy, mental health service providers, or employees of assisted living centers or nursing homes in the context of consent. However, the broad definition of consent and the circumstances under which it cannot be given could encompass these situations. Regarding health care services and assisted reproduction, Idaho law does not specifically address the scenario of using reproductive material from a donor other than the intended one as a form of sexual assault or rape.