According to Pennsylvania law, rape, (a first-degree felony), is sexual intercourse obtained:
- through "forcible compulsion"
- through threat of "forcible compulsion"
- when a person is unconscious or unaware that intercourse is occurring even though conscious
- when a mental disability renders a person incapable of consent
- when a person is less than 13 years of age even though consent is given
- when the offender gets his victim drunk or high for the purpose of preventing resistance without the knowledge of the victim
"Forcible Compulsion" is defined as "compulsion by use of physical, intellectual, moral, emotional, or psychological force, either express or implied," and does not require that the victim resist the offender.
Sexual assault, (a second-degree felony), consists of non-consensual sexual intercourse. Sexual intercourse includes vaginal, anal, or oral sex. There must be some penetration, however slight, but ejaculation is not necessary.
Aggravated indecent assault, (also a second-degree felony), consists of penetration of the genitals or anus by a part of the offender's body without consent. Indecent assault is unwanted touching of intimate parts of the body and is a second-degree misdemeanor.