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 Rhode Island, rape, commonly referred to as first-degree sexual assault, is defined under Rhode Island General Laws Section 11-37-2. The law states that a person is guilty of first-degree sexual assault if they engage in sexual penetration with another person by force, threat of force, or when the victim is under duress or incapacitated, rendering them unable to consent. This includes situations where the victim is mentally incapacitated, physically helpless, or intoxicated by drugs or alcohol. Rhode Island law also recognizes that sexual intercourse with individuals who are unable to consent due to mental disability falls under the umbrella of sexual assault. The state's statutes further expand the definition of lack of consent to include certain individuals in positions of power or trust, such as public servants, clergy, mental health service providers, and employees of assisted living or nursing homes, under specific circumstances. The crime of first-degree sexual assault is a felony in Rhode Island, and those convicted can face severe penalties, including substantial prison time. It is important to note that the specifics of the law and the penalties for violations can be complex, and an attorney can provide detailed legal advice tailored to individual cases.