Rape is non-consensual, forcible sexual relations or other sexual activity. It can include vaginal or anal intercourse, oral sex, or penetration with an object. Any degree of penetration is sufficient to constitute rape; ejaculation is not required. Though most prosecutions are against men for rapes of women, technically the crime can now be committed by either gender against either gender in most states. It can also be committed by one spouse against another. Moreover, in many jurisdictions, each penetration is a new rape, and could result in consecutive sentences, such as where a finger is used repeatedly to penetrate an orifice.

Having sexual relations with someone who is unconscious or asleep is also rape. Similarly, it is rape when it is against a minor, who is legally incapable of consenting, or against a mentally handicapped person, who is likewise incapable of consenting.

(Reviewed 12-08)