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 Dakota, rape is defined under SDCL 22-22-1 and is considered a felony offense. The law states that rape occurs when sexual penetration is executed by force, coercion, or threats of immediate and great bodily harm against the victim or others. It also includes instances where the victim is incapable of giving consent due to any intoxicating, narcotic, or anesthetic agent, or due to a mental illness or deficiency. South Dakota law further specifies that sexual contact with individuals who are incapable of consent due to age (statutory rape), as well as with those who are unconscious, is also considered rape. The state does not use the term 'sexual assault' for these offenses, but rather categorizes them under varying degrees of rape, with each degree carrying different potential penalties. The severity of the punishment depends on factors such as the victim's age and the use of force or coercion. The state's statutes also address sexual contact without consent in specific circumstances, such as with certain professionals or those in a position of authority, which can be prosecuted under different sections of the law. It is important for individuals in South Dakota to understand that consent is a key element in the legal definition of rape, and the absence of consent can result from a variety of situations as outlined by state law.