Austria – 2014 results

Austria has introduced a number of measures to prosecute perpetrators of domestic violence. In 2006, an amendment to the Code of Criminal Procedure eliminated the requirement for consent of victims in order to initiate criminal prosecution in cases of domestic violence and other dangerous threats in family contexts. Under the law, victims are offered the right to psychosocial and legal court assistance. In 2006, a new anti-stalking act came into effect, which has implications for domestic violence victims who are stalked by their abusers.^[16] In 2009, a new criminal offence was introduced for repeat offenders who continued to use violence against women.^[17]

Aside from measures under criminal law, official protection is available for victims of domestic violence. The Federal Act on Protection against Domestic Violence (1997) allows the police to impose a temporary eviction order on perpetrators of such violence. A civil court may impose an interim injunction, barring the perpetrator from returning to his or her residence for a longer time period. This injunction may also prohibit the perpetrator from contacting the victim. Thus, victims may be allowed to remain in their homes without having to flee to shelters.^[18] The barring order has a term of two weeks. If the woman wants to prolong the protective measures beyond this term, she must apply for a temporary injunction under civil law against the perpetrator within these two weeks. A temporary injunction can be issued even if the police have not intervened.^[19] According to the Justice Ministry, more than 7,700 injunctions preventing abusive family members from returning home were issued in 2011.^[20]

However, an eviction order may not offer sufficient protection to those victims who are totally dependent on their husbands financially, which is often the case of migrant women in Austria.^[21] In these cases, the Austrian Government continues to provide shelters where these women may seek assistance. The Government also established The Settlement and Residence Act (2005) that enables victims of domestic violence whose residence status is tied to a violent husband to receive an independent right of residence.^[22]

As of June 2009, victims have the right to considerate questioning also in civil proceedings that are related to criminal proceedings on account of violence. Furthermore they have the right to keep their residential address secret from the perpetrator.^[23]

In addition to these legal measures to combat domestic violence, the Austrian Government provides various services to victims through funding privately operated intervention centres and hotlines. ^[24] Since 1999, there has been an intervention centre in every province,^[25] and since 2004 their budget has more than doubled.^[26]The services of the intervention centres have expanded in recent years^[27] to include various forms of assistance to victims, including helping them develop plans to stop the abuse, as well as legal counselling and social services.^[28]  There are about 30 women’s shelters accommodating 750 women and their children.^[29]

The Government has also sponsored training seminars on the subject of violence against women, including for the judiciary and police, as well as anti-violence training for abusive men.^[30] Under a 2001 amendment to the Federal Act on the Medical Profession, doctors are required to report cases of serious bodily harm or death of adult victims, which increases detection of domestic violence.^[31]

A 2013 NGO Shadow Report to the Convention on the Elimination of all forms of Violence against Women (CEDAW) by a coalition of Austrian NGO’s, led by the NGO Forum for the Implementation of CEDAW in Austria, alleges that there is still insufficient protection for victims of domestic violence, because offenders are hardly ever detained, and infringement of a restraining order is not a criminal offence. The report also stated that the wording of court verdicts often reveal a lack of knowledge and sensitivity concerning violence against women.^[32]

According the Ministry of Women’s Affairs and Civil Service, between 10 to 20 % of adult women in Austria suffered from domestic violence during their lifetimes. Fewer than 10% of them filed complaints.^[33]Female migrants, asylum-seekers, and refugees reportedly continue to face particular difficulties escaping from violent relationships. The percentage of migrant women seeking protection in women’s shelters is disproportionately high.^[34]

In Austria, rape, including spousal rape, is punishable by up to 15 years’ imprisonment.^[35]The Criminal Law Amendment Act (2004) abolished the privileged treatment previously applied to rape and sexual coercion within the context of marriage or cohabitation.^[36]

The minimum age for consensual sex in Austria is 14 years-old. Statutory rape of an underage minor is punishable by ten years’ imprisonment. The sentence may be extended to 15 years if the victim becomes pregnant.^[37]Another Criminal Law Amendment Act (2001) made rape and severe sexual abuse of minors punishable by life imprisonment if it had lethal consequences, or otherwise by ten to 20 years’ imprisonment.^[38]The Second Act on Protection against Violence (2009) criminalized serial perpetration of violence against women. The basic penalty is up to three years’ imprisonment. In specific cases, the penalty may be extended, and for several sexual offences, more severe punitive sanctions may be applied.^[39]

In 2011, there were 1,303 reported cases and 278 convictions for rape and sexual coercion, and 695 cases and 291 convictions for sexual abuse of minors.^[40] According to an Austrian NGO Shadow Report to CEDAW, there is a lack of gender-sensitive data collection on violence against women, and a need for more sensitisation programmes for those working within the judiciary.^[41]Since 2000, public funding has been provided to minor or female victims of sexual violence for psychosocial counselling and legal aid.^[42]The Government conducted police training programs on gender-based violence.^[43] Throughout Austria, child protection centres provide counselling to minor victims of violence, including sexual violence.^[44]

The Criminal Law Amendment Act (2004) created an explicit provision against sexual harassment to protect against undesired acts of a sexual nature, without the stipulation that the perpetrator used violence or that the offence was committed in public.^[45]Labour courts may order employers to compensate victims of sexual harassment on the basis of the findings of the Federal Equality Commission.^[46]The Equal Treatment Act prohibits sexual harassment and sex-related harassment also in the context of access to and the supply of goods and services. The minimum compensation for non-material damage in all cases of sexual harassment is EUR 1 000.^[47]

Some NGOs reported that immigrant families in Austria practice female genital mutilation (FGM) or cutting. This practice is criminalised under the Criminal Code’s general bodily injury provision by up to ten years’ imprisonment.^[48] The Criminal Law Amendment Act (2001) included a provision that consent cannot be given to a mutilation or other such wounding of the genitals that is intended to bring about a permanent impairment of sexual sensation. FGM is therefore always unlawful.^[49]In 2008, the National Action Plan for the Prevention and Elimination of Female Genital Mutilation in Austria was presented in Parliament.^[50]

Sex and labour trafficking is prohibited under Austria’s Criminal Code.^[51] According to the U.S. State Department, Austria is a destination and transit country for sex trafficking and forced labour.”^[52]The Government prosecuted 45 offenders of human trafficking in 2011. The Austrian Government established a hotline for human trafficking and sponsors an Intervention Centre for trafficked women. ^[53] A new law in 2012 offers trafficked women easier access to the Austrian labour market.^[54]

Abortion has been legal in Austria since 1974, under the condition that it is performed in the first three months of pregnancy after a medical consultation. An abortion may be performed after 12 weeks if it is necessary to avoid serious danger to the women’s physical or mental health, if the foetus is at risk of being born with a serious physical or mental defect, or if the woman is under 14 years of age.^[55]