Recently, Grace was raped by a man that she met at a local bar. At the time of the rape, the man was heavily intoxicated, with a recorded blood alcohol content of .191 (the legal limit of intoxication for driving under the influence in the state is .08). Prior to trial, the defendant's attorney, Mr. Wineglass, makes a motion to have the case dismissed because his client could not possibly have formed intent because he was so heavily intoxicated.

Should the judge dismiss the case because the defendant allegedly could not form criminal intent? Why or why not?