¶1dissenting: I respectfully dissent from the majority of this court in reversing the Court of Appeals as to the attempted rape conviction. I agree with the majority of the Court of Appeals in finding insufficient evidence of an overt act.
¶2Although the Court of Appeals majority mentions the lack of a victim, its conclusion did not rest solely on that fact. Instead, the majority concluded that the State failed to establish attempted rape. The Court of Appeals stated:
“Obviously, Peterman’s intentions were morally reprehensible and disgusting. Nevertheless, it is not our role to be influenced by our sensibilities rather than the letter of the law. Unless and until our legislature proscribes a crime of‘intent and preparation to commit rape with a child,’ we must avoid the temptation to punish such conduct as attempted rape as currently defined and construed.”
¶3I agree. I would affirm the Court of Appeals’ decision affirming in part, reversing in part, and remanding to the district court.