Cheyenne Taylor

Le Barron v. State
145 N.W.2d 79 (Wis. 1966)

History
 Jodean Randen was walking home along a well-traveled railroad bridge on March
3, 1965 when she passed a man heading the opposite direction.
 Le Barron turned and started to follow Randen and eventually caught up to her
and demanded her purse which she willingly handed over.
 After discovering that the purse was empty Le Barron turned around and went
back after Randen grabbing her by the arm and told her that if she did not scream,
he would not hurt her.
 She willingly let him lead her, for fear of him hurting her, to the end of the bridge
with him shoving her head down and instructing her not to look or he would hurt
her.
 He then led her to a coal shack and held one hand over her mouth and another
around her shoulders still instructing her not to scream.
 He led her into the shack and pushed her up against the wall and proceeded to
unzip his pants.
 Randen succeeded in removing his hand from her mouth and informed him that
she would not scream and pleaded for him to desist due to the fact that she was
pregnant.
 Le Barron felt her stomach and took her over to the door in the light and was able
to ascertain that she was indeed wearing maternity clothing.
 He then left her alone and warned her not to scream or call the police or he would
kill her before he left
Issue
 The question that was posed in this case was if he voluntarily abandoned his
attempt to rape.
Rule
 The rules that were used in this case were the section 944.01(1), Stats, that states
any male who has sexual intercourse with a female he knows is not his wife, by
force and against her will, may be imprisoned not more than 30 years and section
939.32(2), Stats, which states that an attempt to commit a crime requires that the
actor have an intent to perform acts and attain a result which, if accomplished,
would constitute such crime and that he does acts toward the commission of the
crime which demonstrate unequivocally, under all the circumstances, that he
formed that intent and would commit the crime except for the intervention of
another person or some other extraneous factor.
 Cheyenne Taylor

Analysis
 The court ruled that even though he desisted after finding out that the defendant
was pregnant does not discard the fact that he intended to forcibly engage in
sexual intercourse.
Conclusion
 David Le Barron was convicted of attempted rape and sentenced to not more than
15 years in prison.
 He appealed this sentence and conviction.
 The Wisconsin Supreme Court affirmed the conviction.