Aha. This one is pretty interesting and I think that it actually speaks to a physical act forced upon the woman first.

TERM: assault with intent to rape.

TEXT: 1. An aggravated assault.

2. To constitute this crime, two essential ingredients must coexist, and must be established by the evidence beyond a reasonable doubt; first, an assault, and, second, an intent to commit rape. It must appear, not only that the defendant intended to have carnal knowledge of the woman alleged to have been assaulted, forcibly and against her will, but that he did some overt act towards the accomplishment of his purpose, which amounted in law to an assault upon her.

Reply · Report Post