I believe that what you've linked to is legally incorrect. Refer to, e.g. United States vs. Thomas: https://www.lexisnexis.com/community/casebrief/p/casebrief-

I believe that what you've linked to is legally incorrect. Refer to, e.g. United States vs. Thomas: https://www.lexisnexis.com/community/casebrief/p/casebrief-united-states-v-thomas https://www.lexisnexis.com/community/casebrief/p/casebrief-u... ... which is an actual appeal court decision. The defendants were at a bar. A drunken woman collapsed. The defendants put her in their car, took her home, and had sex with her while they believed she was unconscious. In fact, the woman had died at the bar, and they had been having sex with a corpse. They could not be convicted of rape, but they could be convicted of attempted rape because they believed the woman was alive at the time. Being factually mistaken about the possibility of a crime is not a defense to a charge of attempt, conspiracy etc.