There has been an international response to the horrific gang rape of a nun in Nepal as I reported earlier. It is terrible that it takes such an extreme case to draw attention to what has been an ongoing problem for many years. Nevertheless it’s good that something is finally happening. A new article suggests that the Nepalese authorities have finally offered to provide her with free medical care. There has been significant international interest in pursuing this case, and I will keep you up to date.
Here is an article I wrote a number of years ago in response to this issue. It is a revised portion of Chapter 4 of the book Bhikkhuni Vinaya Studies (Santipada).
In some countries, such as India, nuns have been raped and subsequently forced or encouraged to disrobe, being told that they have broken the basic precept for their celibate life (pārājika 1), and can no longer continue to live as a nun. This has caused a tremendous degree of distress and trauma, and moreover creates a climate where nuns fear to report any attacks, which can further encourage would-be rapists. But the Vinaya is not so cruel, and deals with rape in a compassionate way, allowing the nun, who is the victim not the perpetrator, to continue her spiritual path.
The position of the Vinayas on this point is quite straightforward, so we will simply present some relevant Vinaya passages from the Vinayas of the three main traditions: the Pali Vinaya of the Theravada; the Dharmaguptaka Vinaya as observed in the Chinese and related Mahayana traditions; and the Mūlasarvāstivāda Vinaya as observed in the Tibetan Vajrayāna tradition.
The Pali version of bhikkhuni pārājika 1 specifies that a bhikkhuni only falls into an offense if she acts willingly. This is confirmed by actual examples in the Pali Vinaya where a bhikkhuni is raped:
Now on that occasion a certain student was infatuated with the bhikkhuni Uppalavaṇṇā. And then that student, while bhikkhuni Uppalavaṇṇā had entered the town for alms, entered her hut and sat down concealed. Bhikkhuni Uppalavaṇṇā, returning from alms-round after her meal, washed her feet, entered the hut, and sat down on the couch. And then that student grabbed bhikkhuni Uppalavaṇṇā and raped her. Uppalavaṇṇā bhikkhuni told the other bhikkhunis about this. The bhikkhunis told the bhikkhus about it. The bhikkhus told the Buddha about it. [The Buddha said:] ‘There is no offense, bhikkhus, since she did not consent’.1
Similarly, there are other cases of bhikkhunis who are raped, and in no instance is any offense or blame imputed to the bhikkhuni.2 This is entirely consistent with the application of the rule for bhikkhus, since whenever a bhikkhu had sexual intercourse or oral sex without his consent he was excused by the Buddha.3 Indeed, there is a series of cases where bhikkhus, bhikkhunis, sikkhamānas, sāmaṇeras, and sāmaṇerīs are abducted by Licchavī youths and forced to have sex with each other. In each case, if there is no consent there is no offense.4 This understanding is maintained in the Pali commentarial tradition.5
Unlike the Pali, the rule itself does not specify that the bhikkhuni is acting out of lust. However, this factor is found in the rule analysis, which specifies that a bhikkhuni must consent to penetration with sexual desire.6 Further, she must experience pleasure at the time of entering, remaining, or leaving in order for there to be an offense.7 This is made clear in the non-offense clause:
There is no offense if while asleep she does not know; if there is no pleasure; in all cases where there is no lustful thought.8
Like the Dharmaguptaka, there is no specific mention of ‘desire’ in the rule formulation itself. But again the rule explanation makes the point clear.
If she is forced, then if she does not feel pleasure in the three times [i.e., when entering, staying, or leaving] there is no offense. The offender is to be expelled.9
This quote comes from the Chinese translation of the Mūlasarvāstivāda Vinaya. I can’t read Tibetan, so I can’t confirm that the same passage is found in the Tibetan version, which is the normative Vinaya for the central Asian traditions. However, given how consistent the traditions are in this, as in all major points of Vinaya, there is no reason to think the Tibetan text is any different.
Who is to blame?
As suggested by the last case mentioned in the Mūlasarvāstivāda Vinaya, in the case of rape, it is the rapist, not the victim, who is to blame. The Vinaya attitude towards rape of a bhikkhuni is uncompromising. A man who rapes a bhikkhuni cannot ever be ordained, and if they are ordained by mistake, they must be expelled.10 Similarly, a novice who rapes a nun must be expelled.11 The treatment of a rapist of bhikkhunis is treated in the same way as one who commits one of the 5 ānantarika acts (murdering one’s mother or father or an arahant, wounding a Buddha, and maliciously causing schism in the Sangha). Thus the rape of a bhikkhuni is regarded as one of the most heinous possible acts, with dreadful practical and kammic repercussions on the offender. When Uppalavaṇṇā was raped, the commentary tells us that the earth, unable to bear the weight of that evil, split in two and swallowed up the rapist, who immediately fell into hell. Never is the slightest blame attached to the victim of the rape.
The position of the Vinayas is thus clear and unanimous: there is no offense for a nun who is raped, and the blame must lie with the rapist. A nun, whose life is devoted to celibacy and non-violence, will feel shattered and deeply traumatized by rape. At that time she needs support from her friends and teachers in the holy life. As in all the Vinaya cases mentioned above, she need feel no shame or blame in talking about the rape honestly and openly with other nuns, and if need be, with monks as well. The friends and teachers of the victim need to extend the greatest possible compassion and support. They must clearly and consistently reassure the victim that she has done nothing wrong and has not in any way broken her precepts. It is important that the police are told about the rape, so they can try to prevent similar crimes in the future. The Sangha should investigate whether there is any ongoing danger to nuns in that situation, and should take steps to ensure their protection and safety.
1Pali Vinaya 3.35: ‘anāpatti, bhikkhave, asādiyantiyā’ti. NOTE: references to the Pali Vinaya are to the volume and page number of the PTS edition of the Pali text. References to the Chinese Vinayas are to the Taisho edition.
2Pali Vinaya 2.278, 2.280
3E.g. Pali Vinaya 3.36, 3.38, etc.
4Pali Vinaya 3.39
5E.g. Dvemātikapāḷī: chande pana asati balakkārena padhaṁsitāya anāpatti. (When there is no consent, but she is taken with force, there is no offence.)
6T22, no. 1428, p. 714, b5-6 : 比丘尼有婬心。捉人男根。著三處大小便道及口
7T22, no. 1428, p. 714, b12 ff.
8T22, no. 1428, p. 714, c7-9 : 不犯者。眠無所覺知不受樂一切無欲心
9T23, no. 1443, p. 914, b12: 若被逼者三時不樂無犯。逼他者滅擯
10Pali Vinaya 1.89
11Pali Vinaya 1.85