在强奸型的强迫卖淫罪中,要区分情形,采取不同的处罚原则,即如果强迫卖淫者为了迫使被强迫者从事卖淫活动而强行奸淫被强迫者,该行为属于强迫卖淫中的手段行为,只定强迫卖淫罪一罪即可。但如果强迫卖淫者单纯为了满足自己的性欲,强行与被强迫者发生性关系的,应认定为强奸罪,并与强迫卖淫罪实行数罪并罚。同时,强迫卖淫罪应该认定为结果犯,如果强奸后迫使卖淫,但被害人没有卖淫,应该认定为强迫卖淫罪未遂,在适用强迫卖淫罪加重构成的同时,适用刑法总则有关未遂犯的处罚规定。嫖客在明知到被害人是被强迫卖淫的情况下,而与之发生性关系的,而应该认定为强奸罪,强迫卖淫者既触犯了强迫卖淫罪,又触犯了强奸罪,构成想象竞合,按照重罪处罚,即按照强迫卖淫罪处罚。 In the crime of rape-type forced prostitution, we should make a distinction between circumstances and adopt different principles of punishment. That is, if forced prostitutes are forcibly forced into prostitution in order to compel an oppressed to engage in prostitution, the act is a compulsory act of prostitution The crime of prostitution should be a crime. However, if a prostitute is forced to simply satisfy his own sexual desire and forcibly engage in sexual relations with an enforced person, he or she should be convicted of rape and concurrently punished with the crime of enforcing prostitution. At the same time, the crime of forced prostitution should be identified as the result of the crime. If rape is to force prostitution but the victim is not engaged in prostitution, he should be found guilty of attempting to commit prostitution. At the same time as the crime of enforcing prostitution is aggravating, the penal provisions of the general criminal law on attempted crimes should be applied. When clients know that the victim is being forced into prostitution, and have sex with them, they should be affirmed as rape. Forcing prostitutes not only violates the crime of forced prostitution but also violates the crime of rape, Felony punishment, that is, according to the crime of forced prostitution punishment.