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 Missouri, rape is legally referred to as 'sexual assault' and is codified under Missouri Revised Statutes Chapter 566. Rape or sexual assault in Missouri is defined as having non-consensual sexual intercourse with another person through the use of force, threat of force, coercion, or while the victim is incapacitated and unable to give consent. This includes situations where the victim is intoxicated, unconscious, or mentally disabled. Missouri law recognizes different degrees of sexual assault, with varying levels of punishment depending on factors such as the use of force or the age of the victim. For example, sexual intercourse with someone under the age of consent (which is 17 in Missouri) may constitute statutory rape, even if the minor agrees to the act. The state also considers it a crime for a person in a position of authority, such as a public servant, clergy member, mental health service provider, or an employee of a care facility, to engage in sexual acts with individuals under their care under certain circumstances. The penalties for sexual assault in Missouri are severe and can include significant prison time. It is important for individuals facing such charges to seek the counsel of an experienced attorney.