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 Oklahoma, rape is defined under the state's criminal statutes, specifically in Title 21, Section 1111 of the Oklahoma Statutes. The law states that rape occurs when sexual intercourse is initiated with a person who has not given consent, is under the age of legal consent, or is legally incapable of giving consent due to mental illness or unsoundness of mind. The definition of rape in Oklahoma also includes instances where the victim is unconscious or intoxicated and unable to give consent. Additionally, Oklahoma law considers it rape if an individual in a position of authority, such as a government official or a mental health provider, engages in sexual intercourse with a person under their care or custody. The state categorizes rape as a felony, which can result in substantial prison time upon conviction. Oklahoma does not use the term 'sexual assault' for these offenses, but rather differentiates between first-degree and second-degree rape, with specific circumstances and penalties outlined for each. It is important for individuals to consult with an attorney for specific legal advice and to understand the full scope of rape laws and penalties in Oklahoma.