Rape laws vary across the United States jurisdictions. However, rape is federally defined (even though individual state definitions may differ) for statistical purposes as:
Terminology Laws use various terms to define aspects of instances of rape or sexual assault, including the acts themselves, the alleged perpetrator and the alleged victim, and whether they are or have been married to each other or someone else. Penetrative acts: rape, or carnal knowledge (generally vaginal, sometimes also anal or oral) sodomy, unnatural intercourse, or crime against nature (only anal, generally between two men, sometimes also a man to a woman) sexual abuse (when a victim was incapable of consenting due to age, or otherwise in an unequal power relation with the accused) sexual assault (can also be non-penetrative) sexual battery sexual intercourse or (mis)conduct (generally vaginal, sometimes also oral and anal) deviate sexual intercourse or (mis)conduct (only oral and anal, sometimes any form of sexual intercourse with animals) infamous crime against nature (only oral and anal, and any form of sexual intercourse with animals; unclear whether it prohibits non-penetrative cunnilingus) Non-penetrative acts: indecent contact, sexual assault (can also be penetrative) Accused: accused, actor, author, defendant, (alleged) perpetrator, person, suspect Accuser: accuser, complainant, person, the other person, (alleged) victim Husband (male) or wife (female): spouse, spousal or marital (adjective)
Furthermore, each state or federal agency may define sexual consent differently, if they do so at all. Some may only define the circumstances in which a person is incapable of consenting, and assume implied consent on a person in every other situation. They often require said person to resist any unwanted sexual advances, or that these advances only become criminal when the accused can be shown to have used some kind of force or coercion (which the accuser was incapable of resisting – though this is not always required) to commit the unwanted sexual advances upon the accuser. Other U.S. states and federal agencies afford each person voluntary, freely given or affirmative consent, which must first be obtained by someone else before being allowed to have sex with said person, and that this consent can be revoked at any time by said person.
Federal
Civilian Federal law applies in federal areas and in cases of displacement between states: OffenseArticleMandatory sentencingSexual abuse18 U.S. Code § 2242Life without paroleSince 1986, there is no parole in the federal system. or any other termAggravated sexual abuse by force or threat18 U.S. Code § 2241(a)Life without parole or any other termAggravated sexual abuse by other means18 U.S. Code § 2241(b)Life without parole or any other termAggravated sexual abuse with children18 U.S. Code § 2241(c)Life imprisonment without parole or any term not less than 30 years
Military
The United States military has an offense of rape and another of sodomy. The Uniform Code of Military Justice (UCMJ) of the United States Armed Forces regards sex without consent as rape or sexual assault; it provides a definition of consent and examples of illegitimate inferrals of consent in § 920. Art. 120. "Rape and sexual assault generally" (g) 7 and 8. OffenseArticleMandatory sentencingRape10 U.S. Code § 920 – Art. 120(a)"as a court-martial may direct"Life or any lesser sentence of years, with a mandatory minimum of dismissal or dishonorable discharge.Forcible Sodomy10 U.S. Code § 925 – Art. 125(a)Life without parole or any other term
District of Columbia In the District of Columbia, "sexual act" means "sexual intercourse". OffenseArticleMandatory sentencingFirst Degree Sexual AbuseDC Code § 22–3002Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without parole Second Degree Sexual AbuseDC Code § 22–3003Up to 20 yearsFirst Degree Child Sexual AbuseDC Code § 22–3008Up to 30 years (sentence can exceed 30 years if there are aggravating circumstances) or life without paroleFirst degree sexual abuse of a secondary education studentDC Code § 22–3009.03Up to 10 yearsFirst degree sexual abuse of a ward, patient, client, or prisonerDC Code § 22–3013Up to 10 yearsFirst degree sexual abuse of a patient or clientDC Code § 22–3015Up to 10 years
States
Some U.S. states recognize penetrative sex without consent by the victim and without the use of force by the perpetrator as a crime (usually called 'rape'). Other states do not recognize this as a crime; their laws stipulate that the perpetrator must have used some kind of force or coercion (physical violence (that results in demonstrable physical injury), threats against the victim or a third party, or some other form of coercion) in order for such nonconsensual penetrative sex to amount to a crime. Similarly, some states recognize non-penetrative sex acts (contact such as fondling or touching a person's intimate parts, or exposure of a body or sexual activity) without consent by the victim and without the use of force by the perpetrator as a crime, while other states do not.
Alabama
Alabama divide its dispositions against forced sexual intercourse in sodomy and rape; in addition, the crime of "sexual torture" describes "rape by instrumentation". OffenseArticleMandatory sentencingRape in the first degreeAL Code § 13A-6-61 Between 10 and 99 years, or lifeRape in the second degreeAL Code § 13A-6-62Between 2 and 20 yearsSodomy in the first degreeAL Code § 13A-6-63Between 10 and 99 years, or lifeSodomy in the second degreeAL Code § 13A-6-64Between 2 and 20 yearsSexual tortureAL Code § 13A-6-65.1Between 10 and 99 years, or life
Alaska OffenseArticleMandatory sentencingSexual assault in the first degreeAS §11.41.41099 years or lessFor the first offense, presumptive ranges are as follows: If the victim is less than 13 years of age: 25 to 35 years' imprisonment. If the victim is 13 years of age or older: 20 to 30 years' imprisonment. If the offender used a dangerous instrument, a firearm, or caused serious physical injury: 25 to 35 years' imprisonment.
Offenders who have been previously convicted of felonies face additional time in prison.Sexual assault in the second degreeAS §11.41.42099 years or lessSexual assault in the third degreeAS §11.41.42599 years or lessSexual assault in the fourth degreeAS §11.41.4271 year or lessSexual abuse of a minor in the first degreeAS §11.41.434Between 20 and 99 yearsSexual abuse of a minor in the second degreeAS §11.41.436Between 5 and 99 yearsSexual abuse of a minor in the third degreeAS §11.41.4385 years or lessSexual abuse of a minor in the fourth degreeAS §11.41.4401 year or less
Arizona Arizona sentencing laws make the prison term dependent on several factors such as the age of the victim or the criminal record of the offender.
OffenseArticleMandatory sentencingSexual conduct with a minor when victim under 15Ariz. Rev. Stat. Ann. §13-1405Between 13 and 27 yearsSexual conduct with a minor when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1405Between 3 and 8.775 yearsSexual conduct with a minor in all other casesAriz. Rev. Stat. Ann. §13-1405Between 6 months and 2.5 yearsUnlawful sexual conduct by adult probation department employees or juvenile court employees when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1409Between 3 and 8.775 yearsUnlawful sexual conduct by adult probation department employees or juvenile court employees in all other casesAriz. Rev. Stat. Ann. §13-1409Between 6 months and 2.5 yearsUnlawful sexual conduct by peace officers when victim under 15Ariz. Rev. Stat. Ann. §13-1412Between 13 and 27 yearsUnlawful sexual conduct by peace officers when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1412Between 3 and 8.775 yearsUnlawful sexual conduct by peace officers in all other casesAriz. Rev. Stat. Ann. §13-1412Between 6 months and 2.5 yearsUnlawful sexual conduct in correctional facilities by employee when victim under 15Ariz. Rev. Stat. Ann. §13-1419Between 13 and 27 yearsUnlawful sexual conduct in correctional facilities by employee when victim between 15 and 18Ariz. Rev. Stat. Ann. §13-1419Between 3 and 8.775 yearsUnlawful sexual conduct in correctional facilities by employee in all other casesAriz. Rev. Stat. Ann. §13-1419Between 6 months and 2.5 years
Arkansas Source: OffenseArticleMandatory sentencingRapeAR Code § 5-14-103Life or between 10 and 40 years (minimum of 25 years if victim is under 14)Sexual assault in the first degreeAR Code § 5-14-124Between 6 and 30 yearsSexual assault in the second degreeAR Code § 5-14-125(B)(b)(1)Between 5 and 20 yearsSexual assault in the second degree when victim under 14 and not married to the offenderAR Code § 5-14-125(B)(b)(2)Up to 6 yearsSexual assault in the third degreeAR Code § 5-14-126Between 3 and 10 yearsSexual assault in the fourth degreeAR Code § 5-14-127(a)(1)(A)Up to 6 years
California California separates rape, sodomy and rape by instrumentation. OffenseArticleMandatory sentencingRapeCal. Penal Code §§ 261, 264(a)3, 6 or 8 yearsRape when victim under 14Cal. Penal Code §§ 261, 264(c)(1)9, 11 or 13 yearsRape when victim between 14 and 18Cal. Penal Code §§ 261, 264(c)(2)7, 9 or 11 yearsSex with a child under 10, and the defendant is 18 or olderCal. Penal Code § 287(a)(b)15 years to life, 25 years to life, or life without the possibility of parole (depends on the aggravating factors)Rape of a spouseCal. Penal Code §§ 262, 264(a)3, 6 or 8 yearsRape of a spouse when victim under 14Cal. Penal Code §§ 262, 264(c)(1)9, 11 or 13 yearsRape of a spouse when victim between 14 and 18Cal. Penal Code §§ 262, 264(c)(2)7, 9 or 11 yearsSodomyCal. Penal Code § 286Depends from the circumstancesLists of circumstances: with a victim under 18 years of age (punishable by up to one year's imprisonment); with a victim where the offender is over the age of 21 and the victim is under 16 (punishable as a felony); with a victim who is under 14 years of age and more than 10 years younger than the offender (punishable by 3, 6, or 8 years' imprisonment); with a victim and accomplishing the act by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or any other person (punishable by 3, 6, or 8 years' imprisonment); with a victim who is under 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 9, 11, or 13 years' imprisonment); with a victim who is a minor older than 14 years of age by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 7, 9, or 11 years' imprisonment); with a victim and accomplishing the act by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 3, 6, or 8 years); with a victim by, acting or by aiding and abetting another, and accomplishes the act by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person and there is a reasonable possibility that the perpetrator will execute the threat (punishable by 5, 7 or 9 years' imprisonment); with a victim who is under 14 years of age, while acting in concert with another person, either personally or aiding and abetting another, and accomplishing the act against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person (punishable by 10, 12, or 14 years' imprisonment);