Guidance

Austria: information for victims of rape and sexual assault

Published 2 November 2022

If you have been sexually assaulted it is important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

  • seek medical advice and attention
  • report to local police
  • engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see our guidance for victims of rape and sexual assault abroad.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

  • contact the international emergency number on 112. English-speaking operators are available
  • contact your tour operator if you are travelling with one
  • contact the British Embassy in Austria, located in Vienna. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

Understanding the situation in Austria

In order to help victims to understand the process in Austria, the Austrian government funds central charities for women and men that offer emergency assistance and counselling in the case of sexual violence. The Federation of Autonomous Women’s Counseling Centers for Sexual Violence (Bund Autonome Frauenberatungsstellen bei sexueller Gewalt) has specialised contact and counselling centres in every province in Austria, for women and girls who have experienced sexual violence. The Men’s Advice Victim Support (Männerberatung - Opferschutz) offers a similar service for men.

These organisations assist victims in navigating the medical and police administration, and legal procedures, as well as providing psychosocial counselling. Services are offered in English language. They provide legal advice, as well as guidance on criminal proceedings and the status and rights as a victim.

If you want to report the incident to the police in Austria

Consider seeking specialist advice from the above-mentioned charities Federation of Autonomous Women’s Counseling Centers for Sexual Violence or Men’s Advice Victim Support. The Embassy can help you to make initial contact. These charities provide practical and emotional support and can accompany victims to the police, to court and to official medical examinations. They can also support you in reporting the incident to the police.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British Embassy they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you choose to approach the police directly, you can also ask them to inform the nearest British Embassy on +43 (0)1 71613 0 and they can offer you consular support. We can also give you a list of local lawyers and interpreters.

If you choose to report the crime, try to do so as soon as possible, so that forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. Try to store items in a paper rather than a plastic bag. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

You can take a person of trust or a legal adviser to the interview, if you wish. You have the right to request to be interviewed by an officer of a particular gender although there is no guarantee one will be available at that time.

Tell the police if you think you have been drugged. You do not run any risks when reporting a rape or sexual assault if you have been drinking alcohol. If a rape victim has taken illegal drugs, the police tend not to pursue any drug offences, but it remains at their discretion. It is still a crime in Austria to possess drugs.

The police will ask you to give details of any witnesses to the crime or persons you spoke to after the assault. In most cases they will ask you to give them the clothes you were wearing and your mobile phone (as it could contain material relevant to the investigation) as well as other items which the perpetrator may have touched.

Insist you get a document from the police to confirm that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. Request a translation in English, if applicable.

The police will ask you to show formal identification, such as your passport. They will return the document to you as soon as they have established your identity.

If you do not want to report the incident to the police in Austria

The British Embassy will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support available in the UK

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance

It is your choice on whether to report the crime. If you don’t report it, your case will not be investigated.

If you do decide not to report the crime to the police, you will still be able to get medical attention. While you are not obliged to report the crime in Austria for it to be investigated, you should be aware that important evidence or witnesses may be lost.

An independent witness can report the crime. This will lead to an investigation even if you did not report the crime yourself.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Austria: next steps

Once you have reported the incident to the police, it is not possible to withdraw the report. Counter allegations can be made against you and criminal proceedings may follow. These proceedings can take a long time. We strongly advise you speak to the Federation of Autonomous Women’s Counseling Centers for Sexual Violence or Men’s Advice Victim Support prior to reporting the crime. This organisation can provide English-language legal advice, as well as guidance on criminal proceedings and the status and rights as a victim, to people who have experienced or averted sexual violence in Austria. They can also support you in reporting the crime to the police.

If you choose to report the crime, try to take action as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. Try to store items in a paper rather than a plastic bag. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, crockery or texts and social media messages.

To report the incident you can go to a local police station. Officers at the local police station will note down the key information about what has happened. This information is then forwarded to the Police Commissioner’s Office (Kommissariate) where criminal officers will take over the investigation. If you know the district in which the incident occurred, you can also go straight to the Police Commissioner’s Office and report the crime there.

If you don’t speak German, you should request an interpreter. The police will then arrange for a professional interpreter (Dolmetscher) to interpret the conversation.

During the interview, the police will ask you questions to help them conduct their investigations. This could include making a statement about the incident and giving a description of the perpetrator(s).

The police will retain evidence such as the clothes and underwear you were wearing and other items that the offender has touched. This will help them to gather evidence and build a criminal case. They may also take electronic equipment such as mobile phones and tablets temporarily, to secure data that might serve as evidence in the investigations and in a court case. They will then return the devices to you.

With your consent and where necessary, the police will take you to a hospital for a medical and forensic examination.

Insist you get a document from the police confirming that you have reported the crime, with a police reference number and the police’s contact details so that you are able to follow up with them later. Request a translation in English, if applicable.

The Austrian police will not normally inform the UK police about the assault, and they will not usually undertake police checks on you as the victim.

The medical examination: what to expect

All hospitals provide help and medical treatment to victims of rape and sexual assault.

Hospitals carry out a medical and forensic examination, and a DNA test. They will document the results. This will be done by a qualified medical practitioner. If you prefer to be examined by a doctor of a particular gender, the hospital will try to arrange this, but it cannot be guaranteed.

You will be given a gynaecological or urological examination, and doctors will take swabs. You will be tested for sexually transmitted diseases (STDs) and pregnancy, where appropriate. You will receive emergency treatment for any injuries, and they may take photographs of these injuries.

You should ask to be advised about what treatment is recommended in your particular case to prevent sexually transmitted diseases (STDs), and pregnancy, if applicable.

You will be asked by hospital staff whether you have already reported the incident to the police, whether you plan to, or whether you would like the hospital to do this on your behalf. Hospital staff will inform you about the legal steps involved.

Austrian law dictates that when healthcare professionals are made aware of an incident of rape or sexual assault, they have a duty of disclosure (Anzeigepflicht). This means they are obliged to report the incident to the authorities.

Adult victims can officially request that the hospital does not file a report to the police. An agreement (Revers) can be reached, which releases the hospital from their legal obligation. In this case, a letter is drafted in coordination with the legal department of the province’s healthcare network (Gesundheitsverbund). If doctors are of the opinion, however, that you are under threat or in danger, they will carry out their duty of care to file a report to the police.

If a report is to be filed, hospital staff will prepare a forensic kit in which possible evidence is secured. They will ask you to formally agree to this by going through a documentation sheet and checklist with the doctors. The forensic kit is collected by police ambulance, and forensic material is sent to the police DNA laboratory for further processing. Hospital staff make the report in writing to the director of the state criminal police (Landeskriminalamt - LKA) as well as the hospital’s medical management.

Once the report has been filed, it is possible in emergency situations for the police interview to take place in the outpatient clinic or on the ward.

If a report is not filed, forensic material is sent to the DNA laboratory of forensic medicine where it is stored (unprocessed) for 3-6 months.

If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7

Treatment

HIV PEP medication (Post-Exposure Prophylaxis to prevent HIV infection after unprotected sexual intercourse) needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

You can ask for a prescription for emergency contraception (Notfallverhütung / Pille danach), which can be provided (or purchased) at local pharmacies (Apotheken).

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you can let your local health provider know when you return home.

Police investigations in Austria – what to expect

Criminal proceedings usually begin with a report to the police, which initiates the preliminary investigation to clarify the suspicion of a crime. The task of the police or the public prosecutor’s office in the preliminary proceedings is to collect information and secure evidence, which also includes questioning the victim, witnesses and the accused.

At this point, ask the police for information on your rights as a victim of crime. See more information below in the General victims’ rights section.

Normally you would first speak with an officer at the local police station (Polizeidienststelle) and they would record a criminal complaint (Strafanzeige). That officer will then refer the case to a criminal investigator and they will be responsible for interviewing you about the assault and for investigating the assault. At this point, you would make your statement to the police. Your lawyer cannot do this on your behalf.

If you request that an officer of a particular gender is present, the police will make every effort to accommodate this where possible. You have the right to have a trusted third party (Vertrauensperson) with you throughout.

The police may take you to the scene of the crime or where you believe the perpetrator to be located, in order to try to identify and arrest them.

If a suspect has been arrested and brought to the police station, you will be asked to make an identification.

If the police make an arrest, the suspect must be taken before the court by the end of the following day. At this stage the judge will decide whether to commit the perpetrator to prison pending further investigation or release the perpetrator provisionally with or without bail pending further investigation.

At the end of the preliminary investigation, the police prepare a final report to the public prosecutor’s office (Staatsanwaltschaft).

The public prosecutor then decides whether there is enough evidence to take the case to court, to prosecute or to terminate the proceedings (discontinuation of proceedings, diversion). If the public prosecutor’s office decides that the results of the investigation are sufficient for a conviction, it files an indictment or a criminal complaint. However, if they believe a conviction is unlikely on the basis of the results of the investigation, the criminal proceedings are discontinued.

A discontinuation of proceedings is not an acquittal and does not mean that the authorities don’t believe you. It means that due to statute of limitations or other circumstances, the act is not or no longer punishable or there is too little evidence for a conviction. The victim can demand the continuation of the prosecution. However, this will only succeed if the prosecution has made a mistake or if new evidence is presented. You should seek legal advice before making such a demand.

Lawyers generally do not offer pro bono services. However, the Austrian government funds central charities, Federation of Autonomous Women’s Counseling Centers for Sexual Violence and Men’s Advice Victim Support, which partner with the Austrian Department of Justice and provide legal advice and in some cases representation for free to anyone who is the victim of rape or sexual assault in Austria[footnote 1].

You will not have to stay in Austria while the case is being prepared to go to court. You may leave the country at any time. The police will want to stay in touch with you as the only witness. The process can take several months or in some cases over 2 years.

If you wish to be kept informed of case developments, it is your responsibility to make this known to the public prosecutor’s office. The best thing to do is to tell the police when reporting the crime. The most reliable way of ensuring that you receive updates is to appoint a lawyer. A list of English-speaking lawyers is available on our website.

If the court refers your case for further investigations, you may be required to make an additional statement.

Once the crime has been reported, it will not be possible to drop the charges. The public prosecutor will decide whether to investigate and take the case to court, even if there is no statement from you. The court will then decide whether the case will be admitted. They may decide to discontinue the case, or they summon you to make a statement. If you do not comply you may be in contempt of court.

The perpetrator may press counter charges against you, claiming that you have made false accusations. The court will investigate these claims and decide on proceedings.

General victims’ rights in Austria

The Federation of Autonomous Women’s Counseling Centers for Sexual Violence provides a comprehensive overview of general victims’ rights. You can request a translation from the British Embassy in Vienna. Your lawyer and the police will also be able to explain your rights to you.

Court procedures: what to expect

If charges have been brought, the main proceedings follow. An essential part of the main proceedings is the main hearing, in which the accused have the right to ask questions of the victim and other prosecution witnesses. At this point, you may be required to testify again as a witness. This may be required, if, for instance, the defendant denies the accusations, and if no investigative interrogation (in person or via video) was carried out before. It may be possible for you to testify via video link from the UK. This is something that the above-mentioned Federation of Autonomous Women’s Counseling Centers for Sexual Violence and Men’s Advice Victim Support can assist with.

The main hearing ends with a verdict and pronouncement of sentence. This may be an acquittal or a guilty verdict, sentencing the offender to imprisonment (conditional, unconditional or partially conditional, unconditional) and/or a fine. The public prosecutor’s office or the defence of the accused may appeal against this verdict. Under certain conditions, the victim may also appeal against the verdict: For example, if the victim has joined the proceedings as a private party but has been referred to civil court with his or her claims for damages (e.g. compensation for pain and suffering), he or she may appeal against this referral or, in the event of an acquittal, file an appeal for annulment.

You can apply to have the public excluded from the court room during your testimony as long as it is not in the public interest. Where the accused offender is an acquaintance, relative or friend, you can also apply to have them excluded from the court room during your testimony, or that you sit in separate room where space permits.

Compensation for injury and losses is not awarded automatically. You will need to make a claim for this. You can either do this in the criminal proceedings, or after the trial in a civil lawsuit. An acquittal in a criminal case does not mean that you cannot claim damages. It is possible that the offender is acquitted but still has to pay damages (in a civil court).

How can my case be taken to trial?

Once you have made a police report and have given evidence, it will be for the police and public prosecutor to investigate the crime, to build a case and to take it to court. It will be for the court to decide whether the trial will go ahead, or if further investigations are necessary for this to happen.

Trial procedures

If you want to make sure that you are informed if and when there is going to be a trial, you should make a written request as soon as possible, for instance when making your police report. You may otherwise only be informed that there is a trial when you are summoned as a witness.

If your testimony is required in court, you will receive a court summons to attend the trial proceedings. The language in the court will be German, however, if you need to testify, an interpreter (Dolmetscher) will be provided for you.

You will only need to return to Austria if you are needed as a court witness. Whether or not you are able to testify from the UK via video link will depend on the court. This is something that the Federation of Autonomous Women’s Counseling Centers for Sexual Violence and Men’s Advice Victim Support can possibly assist with.

Costs for travel to Austria and accommodation are usually covered by the court. You will have to make your own arrangements and advance these costs, but you will be able to reclaim them from the court. Ensure you keep all documents and receipts. The relevant court may offer victim and witness care (Zeugenbetreuung), which may include accompanying you to the trial hearing. Please see the list of support organisations in Austria at the bottom of this page. You will usually have to pre-arrange this.

You can receive additional support from victim support organisations in Austria, who may be able to arrange for you to have psychological support during the trial. Please see the list of support organisations in Austria at the bottom of this page.

The length of time it takes for a final sentence to be passed in a rape or sexual assault case depends on a number of factors: if the suspect has been remanded in custody until the trial, the case should go to trial no later than 6 months after arrest. In cases where the suspect has not been remanded in custody awaiting trial, it can take longer for the case to go to trial, often more than a year. After the sentence has been passed, the defendant has the right to at least one appeal.

Hiring a lawyer

A lawyer can represent you fully and assist you in asserting your rights in a rape or sexual assault case. What they cannot do is represent you in your capacity as a witness. Lawyers who specialise in representing rape and sexual assault victims are mainly found in larger cities. A list of English-speaking lawyers is available on our website. There, a list of translators and interpreters can also be found.

Communication

During the police investigations, you will primarily communicate with the police. Later, during the trial, you will also be communicating with other parties to the proceedings. At all stages of the case, you will be able to communicate with your lawyer, if you have appointed one.

If you do not reside in Austria and have appointed a lawyer, the lawyer’s address will be sufficient to receive correspondence. Otherwise the authorities will need your home address in the UK.

You can ask the police, public prosecutor’s office and the court to be updated on case developments. It may also be helpful to appoint a lawyer to aid this communication.

As a victim in a criminal proceeding, you have the right to representation, which means the right to be represented by a lawyer during the proceedings. You can appoint your own lawyer or request legal aid. The Austrian government funds a central charity, Federation of Autonomous Women’s Counseling Centers for Sexual Violence and Men’s Advice Victim Support which partner with the Austrian Department of Justice and provide legal advice and in some cases representation for free to anyone[footnote 2] who is the victim of rape or sexual assault in Austria. The lawyers who work with this organisation are specialised in criminal law and experienced in working with the subject of rape and sexual assault.

If you choose to appoint your own lawyer, it is important to ensure they are specialised in criminal law and to discuss fees during the initial consultation. A list of English-speaking lawyers is available on our website.

Sentencing

Once the judge has decided that the perpetrator is guilty, he assesses the sentence based on the following criteria:

  • special preventive reasoning: how severe the punishment should be in order to deter the offender from committing further crimes
  • general preventive reasoning: how severe the punishment should be in order to deter other potential offenders from committing crimes

Depending on the case, the sentence for a convicted adult perpetrator can be a fine or imprisonment. If the perpetrator is found not guilty, they will be acquitted.

Compensation

Compensation for injury and losses is not awarded automatically. You will need to make a claim for this. You can either do this in the criminal proceedings, or after the trial in a civil lawsuit.

You may be able to make a claim under the Austrian Crime Victim Act (Verbrechensopfergesetz), a state-funded compensation scheme that covers physical or psychological injuries suffered as a result of a violent crime. Therapy costs, for example, could be covered by this scheme. Further information can be found on the website of the Austrian Federal Ministry of Social Affairs under Verbrechensopfer-victims of crime.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

If you believe you may be at risk of having contracted a sexually transmitted disease (STD), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in

England

NHS Choices website, or search the internet for ‘NHS SARC’

Rape and sexual assault referral centres

Scotland

Archway SARC: phone 0141 211 8175

What is Archway

Wales

New Pathways SARC: phone 01685 379 310

New Pathways - Sexual Assault Referral Centre (SARC)

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

The Rowan - Sexual Assault Referral Centre

Support organisations in Austria

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

Support for women

The Federation of Autonomous Women’s Counselling Centres for Sexual Violence has specialized contact and counselling centres in every province in Austria, for women and girls who have experienced sexual violence. These organisations assist women and girls from the age of 14 who have experienced or averted sexual violence in Austria. They assist victims in navigating the medical and police administration; provide advice and practical support on legal procedures, criminal proceedings, and the status and rights as a victim; and offer psychosocial counselling. Not all websites are in English language but services are offered in English language. The British Consulate can help you in making initial contact.

24-Hours Women’s Emergency Helpline

Frauennotruf Der Stadt Wien (Women’s Emergency Line of the City Of Vienna)

Frauenhaus Notruf (Women’s shelter emergency)

Frauenhelpline – Halt der Gewalt (Nationwide Women’s Helpline - Stop the Violence)

Mädchenberatung – Beratungsstelle für sexuell missbrauchte Mädchen und junge Frauen (Counselling centre for sexually abused girls and young women)

Tamar Verein für misshandelte und sexuell missbrauchte Frauen, Mädchen und Kinder (Association for abused and sexually abused women, girls and children)

www.wienernetzwerk.at – Wiener Netzwerk gegen sexuelle Gewalt an Mädchen, Buben und Jugendlichen (Vienna Network against Sexual Violence against Girls, Boys and Adolescents)

Support for men

The Men’s Advice Victim Support (Männerberatung) provides psychological and legal help to men who are affected by violence. This includes online counselling, initial telephone counselling, and personal counselling sessions as well as advice and practical support on legal procedures and criminal proceedings.

Männernotruf (Men’s Emergency Line)

Männerinfo (Men’s Info 24/7)

Opfer-Notruf (Nationwide Victim Emergency)

Weisser Ring – Hilfe für Opfer von Verbrechen (Help for victims of crime)

Wiener Interventionsstelle gegen Gewalt in der Famlie (Vienna Intervention Center against Violence in the Family)

Verein autonome österreichische Frauenhäuser (Association of autonomous Austrian women’s shelters)

Verein Selbstlaut – gegen sexuelle Gewalt an Mädchen und Buben, Vorbeugung – Beratung – Verdachtsbegleitung (Association Vocal – against sexual violence against girls and boys, prevention - counseling - suspicion support)

Kinderschutzzentrum Wien – Hilfe für Kinder und Jugendliche in aktuellen Krisen, langfristige Beratungen und Psychotherapie (Child Protection Centre Vienna – help for children and adolescents in current crises, long-term counselling and psychotherapy)

Die Möwe – Kinderschutzzentren – Hilfe für misshandelte und missbrauchte Kinder (Child protection centers – help for maltreated and abused children)

Wiener Antidiskriminierungsstelle für gleichgeschlechtliche Lebensweisen (Vienna Anti-Discrimination Office for Same-Sex Lifestyles)

Stalking.at – Information und Hilfestellung für Opfer von Psychoterror (Stalking.at – Information and support for victims of psychological terror)

Support Organisations in the UK

Rape Crisis England and Wales, Freephone 0808 802 9999 (12 - 3.30pm and 7 - 9.30pm),Email: info@rapecrisis.org.uk, (for women)

Victim Support (for women)

Victim Support (for men)

Rape Crisis Scotland, Freephone 08088 01 03 02 (6pm - 12 midnight), minicom 0141 353 3091, Email: support@rapecrisisscotland.org.uk.

Nexus Northern Ireland, Belfast office tel: 028 9032 6803, Tel: 24 hour (operated by Women’s Aid) 0808 802 1414, Email: info@nexusni.org.

Survivors UK, Survivors UK supports and provides resources for men who have experienced any form of sexual violence. Their national webchat service for men and their families, partners and friends is open seven days a week and can be accessed through their website. Whatsapp: 07491 816064, Tel: 0203 5983898, Email: info@survivorsuk.org.

Samaritans, Samaritans offer a safe place for you to talk any time you like, in your own way, about whatever’s getting to you. They listen to you and help you talk through your concerns, worries and troubles; helping you think more clearly about what your options are. Tel: 116 123, Email: jo@samaritans.org.

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production.

  1. The exception is people who have legal expenses insurance (Rechtsschutzversicherung) in place as these costs are essentially already covered. You can also appoint your own English-speaking lawyer in Austria

  2. The organisation will not provide legal support to people who already have legal expenses insurance (Rechtsschutzversicherung) in place as these costs are essentially already covered.