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 South Carolina, rape is legally referred to as 'criminal sexual conduct,' and it is codified in the South Carolina Code of Laws under Title 16, Chapter 3, Article 7. The law defines various degrees of criminal sexual conduct, with first-degree criminal sexual conduct being the most severe. This includes engaging in sexual battery with the victim by using force, coercion, or when the victim is incapacitated due to drugs, alcohol, or mental disability. South Carolina law also recognizes that individuals who are unable to consent due to their age (minors) or mental incapacity are protected under these statutes. The law further extends to cover situations where the perpetrator stands in a position of authority over the victim, such as with correctional officers, mental health service providers, or in certain cases, members of the clergy. The penalties for rape in South Carolina are severe and can include significant prison time. It is important to note that the specifics of the law and the definitions of consent can be complex, and an attorney can provide detailed guidance on the matter.