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 Tennessee, rape is defined under Tennessee Code Annotated § 39-13-503 as unlawful sexual penetration accompanied by force or coercion, without the consent of the victim, or where the victim is mentally incapacitated or physically helpless. Tennessee law considers rape a felony offense, which can result in substantial prison time upon conviction. The state's statutes also recognize statutory rape, where the victim is underage and unable to legally consent to sexual activity, regardless of whether force or coercion is present. Additionally, Tennessee law includes provisions for aggravated rape, which involves the use of a weapon, serious bodily injury, or when the assault is aided by one or more other persons. The state's definition of rape also encompasses situations where the victim is intoxicated, unconscious, or mentally disabled and unable to consent. Specific provisions exist regarding sexual battery by an authority figure, such as a law enforcement officer, clergy member, or mental health professional, which can be considered rape if consent is abused or manipulated due to the authority position. Tennessee does not have specific statutes addressing the misuse of human reproductive material by health care providers in assisted reproduction procedures, but such actions could potentially be prosecuted under existing sexual assault laws.