Berg v. State

On this appeal the defendant contends that the uncontroverted testimony that the assailant of the prosecutrix had no erection during the incident in question establishes that such assailant had no intent to “perform acts and attain a result which, if accomplished, would constitute [the crime of rape].” We are satisfied that this defense is without merit. Although it is apparent that the inability of an assailant to achieve an erection is a defense to the crime of rape, it is not a defense to the charge of attempted rape. 1 Wharton’s, Criminal Law and Procedure, p. 652, sec. 314, points out,…