In People v. Lema (1987) 188 Cal.App.3d 1541, the jury convicted the defendant of assault with intent to commit rape and false imprisonment by violence. (Id. at p. 1543.) On appeal, the defendant contended the trial court had a duty to instruct the jury on the offenses of assault and battery as lesser included offenses of rape. (Id. at p. 1544.) The appellate court rejected the defendant's argument. It explained: "Defendant attempted to convince the jury that the victim voluntarily accompanied him to a secluded area where they engaged in consensual sexual activity. If believed, defendant's version of the events would operate as a complete defense to the charged offenses -- rape, oral copulation by force and kidnapping. Under this theory, the court has no obligation to instruct on the offense of assault and battery since no evidence was presented by the defense that the offenses were less than those charged." (Id. at p. 1545.)