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 Kentucky, rape is defined under the Kentucky Revised Statutes (KRS) in Chapter 510. A person commits the offense of rape in the first degree (KRS 510.040) when they engage in sexual intercourse with another person by forcible compulsion or when the other person is incapable of consent because they are physically helpless or mentally incapacitated. Rape in the second degree (KRS 510.050) occurs when a person engages in sexual intercourse with someone under the age of 14 when the offender is 18 years old or older. Kentucky law also recognizes that sexual intercourse with a person who is intoxicated, unconscious, or mentally disabled to the point of being unable to consent can constitute rape. Additionally, the state includes provisions for lack of consent in situations involving certain authority figures, such as members of the clergy, mental health service providers, and employees of assisted living centers or nursing homes, under specific circumstances. Rape is a felony in Kentucky, and the severity of the punishment varies depending on the degree of the offense, with first-degree rape carrying more severe penalties than second-degree rape. It is important for individuals in Kentucky to consult with an attorney for specific legal advice regarding any allegations or charges of rape or sexual assault.