Sexual abuse of minors

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In Austria, sexual abuse of minors is defined as willful sexual acts with, on or in front of minors , i.e. children under 14 years of age. These are punishable under Sections 206 and 207 of the Austrian Criminal Code (StGB). In Section 206 of the Criminal Code, the law criminalizes serious cases of abuse, in Section 207 of the Criminal Code the remaining / less serious cases .

The term does not include consensual sexual acts between adolescents with children over 12/13 years, provided they are not more than four / three years older, and children over 12/13 years with each other, whereby the second age of consent applies to sexual intercourse, the former to other sexual acts (Age tolerance clauses) . Otherwise there is also abuse in the case of underage older sexual partners.

Definition of severe and minor actions

In addition to coitus , the law also defines serious sexual abuse as any other "oral, anal or vaginal penetration" aimed at satisfying the sex drive. In the text of the law, these are referred to as "sexual acts to be equated with coitus". The element of penetration is essential in the classification. The demarcation only becomes problematic in a few cases - for example when starting oral sex on the labia. If this is done with the intention of penetrating with the tongue, an act equivalent to coitus is given - if penetration is not intended, not.

In his explanations of the law, Criminal Law Special Part II: Sections 169 to 321 of the Criminal Code, Hubert Hinterhofer represents the opinion that there cannot be “sexual acts in oneself that can be equated with coitus”, since sexual acts that a person undertakes on himself are never equivalent with the sexual intercourse that requires physical contact between two people. However, the judiciary rejected this interpretation.

Legal situation

Legislative status taken into account: December 1, 2013.

Serious sexual abuse of minors

"Section 206 StGB Serious Sexual Abuse of Minors

(1) Anyone who undertakes sexual intercourse with an underage person or a sexual act that can be equated with intercourse shall be punished with imprisonment of one to ten years.

(2) Anyone who induces an underage person to undertake or tolerate sexual intercourse or a sexual act that is to be equated with sexual intercourse with another person or in order to sexually arouse or satisfy himself or a third party is to induce an underage to be equated with intercourse shall also be punished to undertake sexual act on oneself.

(3) If the act results in serious bodily harm (Section 84 (1)) or pregnancy of the underage person, or if the underage person is put in an excruciating state for a long period of time or is degraded in a special way, the perpetrator is the perpetrator with imprisonment of five to fifteen years, but results in the death of the minor, with imprisonment of ten to twenty years or life imprisonment.

(4) If the age of the perpetrator does not exceed the age of the underage person by more than three years, the underage person is neither put into an agonizing state for a long period of time nor degraded in a special way and the act does not result in serious bodily harm ( Section 84 (1)) or the death of the minor as a consequence, the offender is not to be punished according to (1) and (2), unless the minor has not yet reached the age of 13. "

Sexual abuse of minors

"Section 207 StGB Sexual Abuse of Minors

(1) Anyone who, apart from the case of Section 206, carries out a sexual act on an underage person or allows an underage person to do so, shall be punished with imprisonment from six months to five years.

(2) Anyone who induces an underage person to engage in a sexual act (Paragraph 1) with another person or, in order to sexually arouse or satisfy himself or a third party, to perform a sexual act on himself shall also be punished.

(3) If the act results in serious bodily harm (Section 84 (1)) or if the underage person is put in an excruciating state for a long period of time or is humiliated in a special way, the perpetrator is subject to imprisonment from five to fifteen years, but it results in the death of the underage person, punishable by imprisonment from ten to twenty years or with life imprisonment.

(4) If the age of the perpetrator does not exceed the age of the underage person by more than four years, the underage person is neither put into an agonizing state for a long period of time, nor is it particularly degraded and is not one of the consequences of Paragraph 3 occurred, the offender is not to be punished according to Paragraphs 1 and 2, unless the minor has not yet reached the age of twelve. "

Explanations

An action is taken not only when it is strictly carried out, but also when it is only intended.

Sexual acts include touching, touching, and exposing.

The age tolerance clauses in the respective paragraphs 4 are based on the consideration that between young people of about the same age the limit of criminality is often not exceeded. This means that the first voluntary sexual experiences between 14-year-olds are just as little a subject of criminal law as a normal relationship between a 16-year-old and a 14-year-old person. Any humiliating acts or even bodily harm are, however, punishable under youth criminal law.

See also

Web links

Individual evidence

  1. ↑ legal rule RS0094905 of the Supreme Court. In: RIS . Retrieved May 3, 2014 .
  2. ↑ a b Decision text of the Supreme Court in the criminal case 15 Os 109 / 13p. In: RIS . Retrieved May 3, 2014 .
  3. ↑ § 206 StGB Austria Serious Sexual Abuse of Minors - StGB Austria.
  4. ↑ § 207 StGB Sexual Abuse of Minors - StGB Austria.
  5. ↑ Ernst E. Fabrizy: Criminal Code Criminal Code and selected by-laws . 2013, ISBN 978-3-214-08651-0 , pp. 634 f . ( manz.at [PDF]).