Greetings Cittasanto,Cittasanto wrote:Hi
The first four precepts are known as worldly precepts as they are blameable by the world, but the third precept is a tricky one, governs social interaction more than others, so as the social context changes the acts the rule encompasses {changes also}.
If you look at the texts for a man even when married to one woman, they can marry again or hire a prostitute; yet today in the west having multiple wife's or hiring a prostitute when married is looked down upon, and seen by many as a breech of the precept by letter, even if the letter isn't there, so you do need to be aware of this with how people answer, i.e., what social norms are they from and have these influenced the texts or interpretation. Plus the spirit, like you said, is to do with not hurting another person.
However, the Buddha did have two forms of the Atthasila, one where chastity is emphasised, and one where sexual misconduct is emphasised depending on ones ability, see the dhammika sutta in Sn, but I do not believe he had a similar alternative for the Pancasila, however that is not saying he let people decide what was and was not in keeping with the precept, it reminds me of the fifth precept interpretation of every thing in moderation, well that works great until you realise it isn't there and could easily be applied to the other precepts also. he layed down ground rules for each precept, i.e., consenting adults not bound to another through law or promise.
From what I know, Tibetan Buddhism does not consider sleeping with prostitute is sexual misconduct. However, in Pancasila the point is refraining except the third, it does not sound 'refrain from sexual activity', that would be eight precepts.
What would be your understanding of sexual misconduct if I may ask?