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The information charged that the petitioner "remove[d] her panty and underwear and la[id] on top of said
AAA embracing and touching her vagina and breast." With such allegation of the information being
competently and satisfactorily proven beyond a reasonable doubt, he was guilty only of acts of
lasciviousness, not attempted rape. His embracing her and touching her vagina and breasts did not
directly manifest his intent to lie with her. The lack of evidence showing his erectile penis being in the
position to penetrate her when he was on top of her deterred any inference about his intent to lie with her.
At most, his acts reflected lewdness and lust for her.