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 North Dakota, rape is legally referred to as 'gross sexual imposition' and is defined under North Dakota Century Code Section 12.1-20-03. The law states that a person is guilty of this offense if they engage in a sexual act with another individual by force, threat, or when the victim is unaware that a sexual act is being committed. Additionally, it is considered gross sexual imposition if the perpetrator causes another individual to engage in a sexual act by deceiving them, exercising undue influence, or if the victim is incapable of understanding the nature of the act due to any mental disorder or condition. The law also covers situations where the victim is intoxicated, unconscious, or otherwise physically or mentally incapable of consenting to the sexual act. Gross sexual imposition is a felony in North Dakota, and the severity of the charge can range from a Class A felony to a Class AA felony, depending on factors such as the use of force, the age of the victim, and whether the perpetrator was armed with a dangerous weapon. The penalties for a conviction can include significant prison time. North Dakota law also recognizes that certain individuals, such as those in a position of authority or trust, may not legally obtain consent for sexual acts under specific circumstances, which can elevate the act to gross sexual imposition.