Prison Rape Elimination Act of 2003
“ PRISON RAPE- The term `prison rape' includes the rape of an inmate in the actual or constructive control of prison officials. (9) RAPE- The term `rape' means-- (A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person's will; (B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person's will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity ”
