David Le Barron was convicted of attempted rape and sentenced to not more than 15 years in prison. He appealed. The Wisconsin Supreme Court affirmed the conviction. CURRIE, J. 

On March 3, 1965, at 6:55 p.m., the complaining witness, Jodean Randen, a housewife, was walking home across a fairly well-traveled railroad bridge in Eau Claire, Wisconsin. She is a slight woman whose normal weight is 95 to 100 pounds. As she approached the opposite side of the bridge, she passed a man who was walking in the opposite direction. 

The man turned and followed her, grabbed her arm, and demanded her purse. She surrendered her purse and at the command of the man began walking away as fast as she could. Upon discovering that the purse was empty, he caught up with her again, grabbed her arm, and told her that if she did not scream he would not hurt her. 

He then led her—willingly, she testified, so as to avoid being hurt by him—to the end of the bridge. While walking he shoved her head down and warned her not to look up or do anything and he would not hurt her. 

On the other side of the bridge along the railroad tracks there is a coal shack. As they approached the coal shack he grabbed her, put one hand over her mouth, and an arm around her shoulder and told her not to scream or he would kill her. At this time Mrs. Randen thought he had a knife in his hand.

He then forced her into the shack and up against the wall. As she struggled for her breath he said, “You know what else I want,” unzipped his pants and started pulling up her skirt. She finally succeeded in removing his hand from her mouth, and after reassuring him that she would not scream, told him she was pregnant and pleaded with him to desist or he would hurt her baby.

He then felt her stomach and took her over to the door of the shack, where in the better light he was able to ascertain that, under her coat, she was wearing maternity clothes. He thereafter let her alone and left after warning her not to scream or call the police, or he would kill her.

QUESTIONS

1. List all the facts relevant to deciding whether Le Barron had the intent to rape Jodean Randen. 

2. At what point, if any, did his acts cross the line from preparation to the actus reus of attempt under Wisconsin law? 

3. Describe the details surrounding Le Barron’s decision to abandon the attempted rape of Randen. 

4. Why did Le Barron abandon his attempt to rape Randen? Because he believed it was morally wrong to rape a pregnant woman? Or did the pregnancy simply repel him sexually? Does it matter? Explain your answer. 

5. Is Le Barron equally dangerous, whichever reason led to interrupting the rape? Explain. 

6. The Court said a jury could have concluded Randen’s pregnancy was either an extraneous factor he couldn’t benefit from or an intrinsic factor that caused Le Barron to renounce voluntarily his intention to rape. If you were a juror, how would you have voted on whether the pregnancy was an extraneous or an intrinsic factor?