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 Virginia, rape is defined under Virginia Code § 18.2-61 as a felony offense involving the act of having sexual intercourse with another person against their will, by force, threat, intimidation, or ruse. The law also considers it rape if the victim is mentally incapacitated or physically helpless, including due to intoxication, to the point where they cannot consent. Virginia law does not use the term 'sexual assault' for this offense, but it does have separate statutes for other sexual offenses, such as sexual battery and aggravated sexual battery, which involve sexual abuse without consent that may not rise to the level of rape. The punishment for rape in Virginia is severe, with the possibility of life imprisonment depending on the circumstances of the crime. Additionally, Virginia law recognizes that certain individuals, such as those in a position of trust or authority (e.g., clergy, health care providers), may exploit their position to engage in non-consensual sexual acts, which can also be prosecuted under relevant statutes. The state does not have a specific statute addressing the misuse of human reproductive material by health care providers during assisted reproduction procedures in the context of sexual offenses, but such actions could potentially be prosecuted under existing laws if they involve non-consensual acts.