Sexual offences are among the most sensitive and at the same time most serious allegations in Austrian criminal law. Often, a single report is sufficient to trigger a criminal investigation, with serious consequences for all parties involved.
For many individuals, such a situation involves immense pressure, uncertainty, and concerns about their reputation, professional life, and personal freedom. It is precisely at this stage that it is crucial to contact an experienced criminal law firm, such as MPW Rechtsanwälte, at an early stage in order to receive professional, discreet, and legally sound support.
The following article explains, in a clear and comprehensible manner,
- when a sexual offence occurs,
- which types of offences are distinguished under Austrian criminal law,
- and what penalties may be imposed,
- and how an investigative procedure is carried out,
- and how to conduct yourself appropriately as an accused.
This offers you legally sound guidance in an especially stressful situation.
When Does a Sexual Offense Occur?
A sexual offence occurs when a person’s sexual self-determination is violated. The Austrian Criminal Code affords this highly personal right special protection.
Criminally punishable are, in particular, sexual acts,
- that are carried out against a person’s clearly expressed consent,
- or who are subjected to violence, threats, or coercion.
- or in which a defenseless or otherwise vulnerable situation is exploited.
It is not decisive whether the victim physically resisted; what matters is whether the perpetrator could have recognized the absence of consent.
What Types of Sexual Offences Exist?
The Criminal Code distinguishes several offences, which vary 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
- 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 lack of consent.
Penalty range:
Imprisonment from two to ten years; in particularly serious cases (e.g., causing injury, humiliation, or pregnancy) from five to fifteen years; and if the victim 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 through violence or threats.
This includes, for example, forced touching of 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 in accordance with 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, and if particularly severe, from ten to twenty years or life imprisonment.
4. Violation of Sexual Self-Determination (§ 205a StGB)
This offence covers cases in which sexual acts
- are carried out by exploiting a situation of coercion,
- or following 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 offenses.
Sexual acts are punishable,
- that are capable of causing justified offense,
- such as unwanted touching, intrusive kissing,
- or the sending of pornographic content.
Penalty range:
Imprisonment in the basic offense of up to six months or a fine of up to 360 daily rates (offense 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 offense—up to life imprisonment.
What penalties apply to sexual offenses?
The penalties are severe and depend on the specific offense:
Rape (§ 201 StGB):
In the basic offense, 2 to 10 years; in serious cases, up to life imprisonment.
Sexual coercion (§ 202 StGB):
In the basic offense, 6 months to 5 years; in serious cases, up to life imprisonment.
Sexual abuse (§ 205 StGB):
In the basic offense, 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 offense, up to 6 months or a fine
Abuse of minors (§ 206 StGB):
In the basic offense, 1 to 10 years; in serious cases, up to life imprisonment
How does an investigation procedure for a sexual offense 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 sooner, the better.
- Avoid informal conversations: even casual remarks can be used as evidence.
The role of the defence attorney
Proceedings for sexual offences require, in particular, legal precision, experience and sensitivity.
A specialised defence attorney:
- analyses the case files,
- examines credibility and contradictions,
- develops a clear defence strategy,
- develops a clear defence strategy,
- intervenes during adversarial questioning
- and protects the client’s rights from the very beginning.
Conclusion: Facing a sexual offence allegation? Secure legal assistance now.
Sexual offence proceedings are among the most burdensome and demanding cases in criminal law. The consequences of a conviction are severe – legally, professionally and socially.
For this reason, the general rule is: do not make any statements without legal counsel.
MPW Rechtsanwälte stand by your side from the first suspicion through to the conclusion of the proceedings, offering discretion, experience and determination.
Contact usFAQ – Frequently Asked Questions on Sexual Offences
Sexual offences include criminal acts that violate a person’s sexual self-determination. These include, in particular, rape, sexual coercion, sexual abuse of defenceless or mentally impaired persons, sexual harassment, and sexual acts involving minors. The relevant offences are primarily set out in Sections 201 to 206 and Section 218 of the Criminal Code (StGB).
Rape (Section 201 StGB) requires that a person is forced, by violence, deprivation of liberty, or threat of imminent danger to life or limb, to engage in intercourse or a sexual act equivalent to intercourse.
Sexual coercion (Section 202 StGB) also involves coercion, but the forced act does not have to be equivalent to intercourse.
The two offences mainly differ in terms of the degree of wrongdoing and the penalties prescribed.
The decisive factor is whether a sexual act was carried out against a person’s discernible will. The lack of consent must have been perceptible to the perpetrator. Physical resistance by the victim is not legally required, but mere internal refusal without observable outward signs is not sufficient.
A “he said, she said” situation arises when there is no objective evidence and the statements of the complainant and the accused contradict each other. Such cases are common in sexual offence law and place particularly high demands on the courts’ evaluation of the evidence.
Such abuse (Section 205 StGB) occurs when the perpetrator exploits the condition of a person who, due to sleep, unconsciousness, illness, alcohol, drugs, or a mental disorder, is unable to understand the nature and consequences of the act or to act accordingly.
Sexual harassment (Section 218 StGB) occurs when a person is harassed by sexual acts directed at them or in their presence in a manner likely to cause justified offence. This includes, for example, unwanted touching of intimate areas, intrusive kissing, or unsolicited sending of pornographic material.
The penalties vary greatly depending on the offence and range from fines or short custodial sentences to several years’ imprisonment or life imprisonment. Relevant factors include, among others, the type of act, the use of force, the consequences for the victim, and any aggravating circumstances.
The limitation period depends on the severity of the penalty prescribed. The more serious the offence, the longer the limitation period. For serious sexual offences, particularly those committed against minors, long limitation periods apply, which in some cases only begin once the victim reaches the age of majority, or in certain cases may not apply at all. The specific limitation period always depends on the particular offence.
Accused persons are not obliged to make a statement regarding the facts of the case. Early legal advice is particularly important in cases of sexual offences, as any statement can have far-reaching consequences. A statement should therefore only be made after consulting a criminal defence lawyer.
Sexual offences are legally complex, challenging in terms of evidence, and carry severe penalties. A specialised defence is necessary to legally assess statements, carefully examine evidentiary issues, and effectively represent the interests of the accused.
