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 Oregon, rape is defined under ORS 163.365 and ORS 163.375 as a sexual act that is committed by force, threat of force, or when the victim is incapable of consent due to mental incapacitation, physical helplessness, or being under the legal age of consent. Oregon law recognizes three degrees of rape, with Rape in the First Degree being the most serious, involving forcible compulsion or victims under 12 years of age. Rape in the Second Degree includes situations where the victim is under 14 years old and the perpetrator is at least three years older. Rape in the Third Degree covers situations involving victims under 16 years old with a perpetrator who is at least three years older, among other scenarios. Intoxication where the victim is unable to consent is also recognized as a condition that can elevate a sexual act to rape. Additionally, Oregon law considers it a crime for a person in a position of trust, such as a caregiver or a mental health professional, to engage in sexual activity with a person in their care. The state also criminalizes sexual misconduct by health care providers during assisted reproduction procedures if they use reproductive material from a donor other than the one intended by the patient. Rape is a felony in Oregon and carries severe penalties, including lengthy prison sentences.