What are the requirements for a jury to convict a defendant of attempted rape of an intoxicated person?

have known the victim was incapable of freely giving consent. ( 261, subd. (a)(3) ; see also People v. Williams (1992) 4 Cal.4th 354, 361, 14 Cal.Rptr.2d 441, 841 P.2d 961 [mistaken belief in consent must be objectively reasonable to negate mental state required for completed rape].) In other words, because of the significantly different intent requirements, a not guilty verdict on attempted rape of an intoxicated person is not inherently irreconcilable with a guilty verdict on actual rape of an intoxicated person.