Sexual offences are among the most sensitive and serious allegations in Austrian criminal law. Often, a single report is enough to trigger an investigation, with serious consequences for everyone involved.
For many individuals, such a situation entails immense pressure, uncertainty, and concerns about their reputation, professional life, and personal freedom. It is precisely at this point that it is crucial to contact an experienced criminal law firm such as MPW Rechtsanwälte early on, to receive professional, discreet, and legally sound support.
The following article explains clearly and understandably,
- when a sexual offence occurs,
- which types of offences Austrian criminal law distinguishes,
- what penalties may apply,
- how an investigation procedure is conducted,
- and how to properly conduct yourself as an accused.
This provides you with legally secure guidance in an especially stressful situation.
When Does a Sexual Offence Occur?
A sexual offence occurs when a person’s sexual self-determination is violated. The Austrian Criminal Code places this highly personal right under special protection.
Criminally punishable are, in particular, sexual acts,
- that are carried out against a person’s clearly expressed will,
- who are subjected to violence, threats, or coercion
- or in which a defenseless or vulnerable situation is exploited.
It is not decisive whether the victim physically resisted. What matters is whether the lack of consent was recognizable to the perpetrator.
What types of sexual offences are there
The Criminal Code distinguishes several offences, which differ according to the type, intensity, and circumstances of the sexual act.
1. Rape (§ 201 StGB)
Rape occurs when someone compels another person by
- violence,
- threat of imminent danger to life or limb, or
- deprivation of personal freedom
to engage in sexual intercourse or in an act equivalent to sexual intercourse.
Physical resistance by the victim is not required. What matters is the discernible opposing will.
Penalty range:
Imprisonment from two to ten years, in particularly serious cases (e.g., injuries, humiliation, pregnancy) from five to fifteen years, and if the raped person dies, from ten to twenty years or life imprisonment.
2. Sexual Coercion (§ 202 StGB)
If rape in the strict sense does not occur, the behaviour may constitute sexual coercion.
This offence covers sexual acts,
- that are not equivalent to sexual intercourse,
- but are compelled by violence or threats.
This includes, for example, forced touching of the intimate areas, sexual touching, or similar acts against the victim’s will. A threat of imminent danger to life or limb is not required; a threat of another disadvantage (e.g., financial loss) is sufficient.
Penalty range:
Imprisonment from six months up to five years, significantly higher in aggravated cases.
3. Sexual Abuse of Defenseless or Mentally Impaired Persons (§ 205 StGB)
Particularly protected are persons who are unable to understand the significance of the events or to act based on that understanding.
It is punishable for anyone who performs sexual acts on a person who, for example,
- is unconscious,
- is asleep,
- is heavily intoxicated or under the influence of drugs,
- or is mentally impaired,
and exploits this condition.
In these cases, the use of force is not required.
Penalty range:
Imprisonment from one to ten years, in serious cases from five to fifteen years, or ten to twenty years, or life imprisonment.
4. Violation of Sexual Self-Determination (§ 205a StGB)
This offence covers cases in which sexual acts
- by exploiting a situation of coercion,
- after prior intimidation,
- or due to a relationship of dependence
are carried out.
Examples include situations in the professional environment or involving power imbalances.
Penalty range:
Imprisonment of up to two years.
5. Sexual Harassment (§ 218 StGB)
Sexual harassment constitutes the lesser, yet still punishable, category of sexual offences.
Sexual acts are punishable,
- that are capable of causing justified offence,
- such as unwanted touching, intrusive kissing,
- or the sending of pornographic content.
Penalty range:
Imprisonment in the basic offence of up to six months or a fine of up to 360 daily rates (offence requiring complaint).
6. Sexual Abuse of Minors (§§ 206–207b Criminal Code)
Minors are under special legal protection.
- Intercourse or intercourse-like acts with persons under 14 years are generally punishable, even with supposed consent. Exceptions may apply for sexual partners of the same or similar age.
- For adolescents between 14 and 16 years, it depends on age, maturity, and exploitation.
- Sexual acts for remuneration with persons under 18 are also punishable.
The penalty ranges extend—depending on the offence—up to life imprisonment.
What penalties apply to sexual offences?
The penalties are severe and depend on the specific offence:
Rape (§ 201 StGB):
In the basic offence, 2 to 10 years; in serious cases, up to life imprisonment.
Sexual coercion (§ 202 StGB):
In the basic offence, 6 months to 5 years; in serious cases, up to life imprisonment.
Sexual abuse (§ 205 StGB):
In the basic offence, 1 to 10 years; in serious cases, up to life imprisonment.
Violation of sexual self-determination (§ 205a StGB):
up to 2 years
Sexual harassment (§ 218 StGB):
In the basic offence, up to 6 months or a fine
Abuse of minors (§ 206 StGB):
In the basic offence, 1 to 10 years; in serious cases, up to life imprisonment
How does an investigation procedure for a sexual offence proceed?
The procedure generally follows a fixed process, but it is often experienced as extremely distressing by the victims.
1. Report
Often, a report is sufficient to initiate an investigation.
2. Investigation
Such as interrogations, securing messages, collecting evidence, medical examinations, witness statements, and adversarial questioning.
Questioning of the Accused
They have, in particular, the right to,
- to remain silent,
- to consult a lawyer,
- not to answer any questions,
- to be properly informed of their rights.
4. Evaluation of Evidence
Often, it is a case of one statement against another. Details and contradictions are crucial for the outcome of the proceedings.
5. Final decision by the public prosecutor’s office
Possible outcomes:
- Dismissal
- Diversion
- Penalty order
- Indictment
What to do if you are accused of a sexual offence?
- Stay calm: impulsive statements can often have serious consequences.
- Do not make any statements without a lawyer: especially not “to clarify” anything.
- Exercise the right to remain silent: a key protective measure.
- Seek legal assistance immediately: the earlier, the better.
- Avoid informal conversations: even casual statements can be used as evidence.
The role of the defense attorney
Proceedings for sexual offences require, in particular, legal precision, experience, and sensitivity.
A specialized defense attorney:
- analyzes the case files,
- examines credibility and contradictions,
- evaluates medical and psychological reports,
- develops a clear defense strategy,
- intervenes during adversarial questioning
- and protects the client’s rights from the very beginning.
Conclusion: Sexual offence? Secure legal assistance now
Sexual criminal proceedings are among the most stressful and demanding cases in criminal law. The consequences of a conviction are severe—legally, professionally, and socially.
For this reason, the rule is: do not make any statements without legal counsel.
MPW Rechtsanwälte are by your side from the first suspicion to the conclusion of the proceedings, providing discretion, experience, and determination.
