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Some jurisdictions define "rape" to cover only acts involving penile penetration of the vagina, treating all other types of non-consensual sexual activity as sexual assault.Other jurisdictions define all non-consensual sexual activity to be rape.

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For example, Michigan, United States uses the term "criminal sexual conduct".The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions.The rape of women by men is by far the most frequent form of the assault.Duress, in which the victim may be subject to or threatened by overwhelming force or violence, and which may result in absence of objection to intercourse, leads to the presumption of lack of consent.Duress may be actual or threatened force or violence against the victim or somebody else close to the victim. The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape which did not use the word consent.Also, in recent years women have also been convicted of rape or sexual assault by procuring a man to rape another woman, and by being an accomplice to a rape.

In Scotland, rape is a gender-specific crime, meaning it can only be committed by males upon females.

The systematic rape of as many as 80,000 women by the Japanese soldiers during the six weeks of the Nanking Massacre was one of the atrocities committed.

Wartime propaganda often alleges, and exaggerates, mistreatment of the civilian population by enemy forces and allegations of rape figure prominently in this.

Oral, anal and male rape do not constitute rape, nor is digital penetration sufficient.

Therefore, unlike most of Europe and the Americas, male rape, anal rape, and oral rape are not considered to be rape.

The law would invalidate consent in the case of sexual intercourse with a person below the age at which they can legally consent to such relations.