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 Michigan, the criminal offense of rape is legally referred to as 'Criminal Sexual Conduct' (CSC) and is categorized into various degrees based on the severity of the act and the circumstances surrounding it. Michigan law recognizes that non-consensual sexual penetration or contact achieved through force, threats of force, coercion, or fraud constitutes CSC. Additionally, Michigan statutes include provisions where sexual penetration with someone who is intoxicated, unconscious, or mentally incapable of giving consent is also considered CSC. The law further extends to cover situations where the victim is unable to consent due to their status, such as being in the care of a mental health service provider or residing in an assisted living center. Michigan Penal Code also criminalizes sexual conduct by certain authority figures, such as public servants, members of the clergy, or health care professionals, under specific circumstances where consent may be compromised. The state has strict penalties for CSC, with the potential for significant jail or prison time, and the exact punishment depends on the degree of the offense. It is important for individuals in Michigan to understand that consent is a crucial element in sexual activities, and the absence of it can lead to serious legal consequences.