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 New York State, rape is legally defined under the penal code and is considered a serious felony offense. The crime of rape involves engaging in sexual intercourse with another person without their consent, and it can be committed through force, threat of force, coercion, or when the victim is incapable of giving consent. New York law recognizes different degrees of rape, with first-degree rape being the most severe, often involving physical force or the victim being physically helpless. The state also considers it rape if the victim is mentally incapacitated, intoxicated, or otherwise unable to consent. Additionally, New York law includes provisions that address sexual intercourse without consent in specific circumstances, such as with individuals who are under the care of or dependent on the perpetrator, including those in positions of authority like police officers, clergy, mental health service providers, and employees of assisted living or nursing homes. The penalties for rape in New York are severe and can include substantial prison time. It is important for individuals to understand that consent must be affirmative and freely given, and the absence of consent is a critical factor in defining rape under New York law.