Progress: No progress
Amend the legal definition of rape in the criminal code to be based on lack of consent. Additionally, provide support and assistance to victims of rape, including bringing the rate of prosecutions and convictions of rape and sexual violence in conformity with the rise in reporting of such cases
Proponent:
Marshall Islands
Republic of Marshall Islands
Remarks to progress by Liga (last modified Apr 1, 2025):
The offence of rape in Austria is defined in Section 201 of the Austrian Criminal Code. This paragraph stipulates that a person who compels another person by force, deprivation of liberty or threat of imminent danger to life or limb to perform or tolerate sexual acts, in particular sexual intercourse or similar sexual acts, is punishable by a prison sentence of two to ten years (see RIS Criminal Code § 201 StGB : https://www.ris.bka.gv.at/eli/bgbl/1974/60/P201/NOR40217855). It should be emphasised that the absence of consent is already a fundamental characteristic of the offence of rape. The wording in the law refers to the victim’s predicament and the violation of her sexual self-determination. The consent of the victim is therefore of crucial importance, and the absence of this consent is already stipulated in the law. It is crucial to provide rape victims with both criminal justice support and resources to deal with this traumatic situation. This includes the need to revise the offence of rape in the Criminal Code by establishing lack of consent as a fundamental element of the offence. In addition, it is necessary to ensure that as the number of reported cases of rape and sexual violence increases, the proportion of prosecutions and convictions increases appropriately. To ensure that every victim has access to protection and support, increased investment and better coordination between the relevant authorities and non-governmental organisations is required. As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
