轮奸是强奸罪中的一种法定加重处罚情节,是一种更野蛮更残酷的犯罪行为,其社会危害性极大,历来是我国刑法打击的重点。但轮奸在我国法律中并不是独立的罪名,而轮奸犯罪在司法实践中往往都很复杂,很多时候都会出现轮奸案中,部分人强奸既遂,部分人因某种原因强奸未能得逞,对于后部分人的量刑按轮奸既遂还是未遂,众说纷纭,应当对各种不同情形区别对待。 Gang rape is a legal aggravating circumstance in the crime of rape. It is a savage and cruel criminal act. Its social harm is extremely great and has always been the focus of criminal law in our country. However, gang rape is not an independent crime in our country’s law. The crime of gang rape is often complicated in judicial practice. In many cases, rape cases occur. Some people have attempted rape and some people failed to succeed in rape for some reason. According to the sentencing of some people by gang rape, there are divergent opinions and different situations should be treated differently.