司法实践中经常会遇到试探和奸的现象,通常发生在比较熟悉的男女双方。在试探的过程中男方会采取挑逗等行为,这与强奸罪中的暴力、胁迫等手段有其不同,但是仍然存在界限模糊,在实践中难以区分,所以讨论强奸未遂与试探和奸未成的司法认定是必要的。笔者从研究和奸与强奸的必要性着手,进而谈论强奸未遂与试探和奸未成客观表现与主观态度的不同 Common practice in the trial of temptation and rape, usually occurs in the more familiar with both men and women. In the process of temptation, the man takes the act of teasing, which is different from the means of violence and intimidation in the crime of rape. However, there are still ambiguous boundaries and indistinguishable in practice. Therefore, the discussion on attempted rape and the unjust justice Identification is necessary. The author starts with the study of the necessity of rape and rape, and then talks about the difference between subjectivity and subjectivity in attempted rape and temptation.