Avery v. State

As the majority opinion correctly states, in order for the appellant to be guilty of the crime of attempted rape he had to engage in conduct that constituted a substantial step in a course of conduct intended to result in sexual intercourse or deviate sexual activity with another person by forcible compulsion. In my view, except for entering the mobile home without permission, the appellant did not engage in any conduct that constituted a substantial step in a course of conduct to commit rape. Certainly his voiced obscenity while standing by the bathroom window outside the home did not…