What if the jury had been asked to convict Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape?

Assuming the jury had been given the option, it is not reasonably probable it would have convicted Peralta of unlawful sexual intercourse with a minor instead of aggravated rape or aggravated sexual assault by rape. (See People v. Breverman (1998) 19 Cal.4th 142, 165.) The court instructed the jury on lesser included offenses not requiring force or duress as to the lewd acts, oral copulation, and sodomy counts. ( 288, subd. (a), former 288a, subd. (b)(1), 286, subd. (b)(1).) Defense counsel urged during closing arguments: