Neither because she dead and her right socket is cleaned of jelly and muscle. So it murder and mayhem, malice, heinous, atrocious, or cruel, manifesting exceptional depravity.
If you're looking for a serious answer, then yes it is rape. Just because a girl(or guy) is okay with sometimes having sex for money doesn't mean there okay with fucking anytime with anyone
Also, in America except for places like the Bunny Ranch most prostitutes are either tricked or forced into it
Bear in mind i hate rape mangos and douchens. It's actually a concept i learned in the school of criminal justice.
One: If you rape a prostitute with the agreement of payment for a sex act then your not guilty of rape. Your guilty of solicitation with the act to defraud, plus sexual battery.
Two: If you rape a prostitute before the the deal was done did your guilty of rape, and solicitation.
Three: If you pay for a prostitute's sex but she doesn't go with the act, and you force her then your guilty of rape since she has the right of her body but broke a oral agreement. Even thought you paid for it.. she doesn't have to do it. Weirdly enough you can also sue her for breaking the agreement even though the agreement is against the law here. Im not sure if you go over the Carson city where hookering is legal can you make this claim.