California, United States of America
The following excerpt is from People v. Puckett, 118 Cal.Rptr. 884, 44 Cal.App.3d 607 (Cal. App. 1975):
Appellant argues that the convictions on both counts must be reversed or modified because there is insufficient evidence to show that appellant had the intent to commit rape. To support a conviction for assault with intent to commit rape, the prosecution must prove the assault and an intent on the part of defendant to use whatever force is required to complete the sexual act against the will of the victim. (People v. Cortez (1970) 13 Cal.App.3d 317, 326, 91 Cal.Rptr. 660.) In the case at bench the evidence was insufficient for such a showing of forcible rape.
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