Oakley v. State

The majority view of what constitutes the crime of attempted rape depends too much on the fact the defendant did not succeed in committing rape rather than on what he attempted. How close the defendant came to succeeding is not the test. Sec. 939.32 (2), Stats., attempted crimes, is couched in more-intelligent terms of dangerous propensities requisite to the commission of the crime rather than the concept of defining a point beyond mere preparation or dangerous proximity of success or the place in which an actor may repent and withdraw. State v. Damms (1960), 9 Wis. (2d) 183, 100 N. W. (2d)…