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 Nebraska, rape is legally referred to as sexual assault and is codified under the Nebraska Revised Statutes. The state defines sexual assault in varying degrees, with first-degree sexual assault being the most severe. This occurs when an individual subjects another person to sexual penetration without their consent, and it is accomplished through force, threat of force, or when the victim is incapable of giving consent due to mental or physical incapacity. This includes situations where the victim is intoxicated, unconscious, or otherwise unable to consent. Sexual assault in Nebraska also covers instances where the perpetrator is in a position of authority or trust, such as a public servant, clergy member, mental health service provider, or an employee of a care facility, and takes advantage of that position to engage in sexual contact without consent. Additionally, Nebraska law considers it sexual assault if a health care provider uses human reproductive material from a donor that is not the one intended by the patient during an assisted reproduction procedure. Sexual assault in Nebraska is a felony offense, and the severity of the punishment varies based on the degree of the offense, with first-degree sexual assault carrying the most significant penalties, including potential imprisonment.