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 Louisiana (LA), rape is legally defined under the state's criminal statutes and is considered a serious felony offense. According to Louisiana law, a person commits the crime of rape when they engage in non-consensual sexual intercourse with another person through the use of force, threats of force, coercion, or fraud. Louisiana law also recognizes that a person is unable to consent to sexual activity if they are intoxicated, unconscious, or mentally incapacitated. Furthermore, the state's statutes expand the definition of rape to include situations where the victim is unable to give consent due to their status or relationship to the perpetrator, such as when the victim is under the care of a public servant, a member of the clergy, a mental health service provider, or an employee of an assisted living center or nursing home. The state of Louisiana does not specifically address the scenario of a health care services provider using reproductive material from a donor other than the intended one during an assisted reproduction procedure in the context of rape or sexual assault. However, such actions could potentially be prosecuted under different legal provisions. Conviction for rape in Louisiana can result in severe penalties, including lengthy imprisonment.