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 Kansas, rape is defined under Kansas Statutes Annotated (K.S.A.) 21-5503. The law states that a person commits the crime of rape by engaging in sexual intercourse with a victim who does not consent or is incapable of giving consent due to mental deficiency or disease, or if the victim is unconscious or physically powerless. Consent is not deemed given if it is induced by force, fear, or fraud. Kansas law also considers it rape if the victim is overcome by force or fear, or if the perpetrator intentionally impairs the victim's power to appraise or control their conduct by administering any substance without the victim's knowledge or consent. Additionally, Kansas recognizes that sexual intercourse with certain individuals, such as those who are incarcerated or in custody, may not be consensual due to the power dynamics involved. The crime of rape in Kansas is a felony and carries severe penalties, including the possibility of significant prison time. It is important to note that the legal definitions and penalties for rape can vary significantly from state to state, and an attorney can provide specific legal advice and guidance on the matter.