Gewessler criticizes lack of legislative proposal to tighten sexual criminal law

With her statement, Gewessler is increasing pressure on the federal government on a political issue that has been on the daily political agenda for years. Supporters argue that the current legal situation inadequately protects victims of sexual violence, particularly in cases where there is no discernible resistance.

International comparison and pressure from neighboring countries

International comparative cases are intensifying the pressure in the debate. Several EU states have reformed their sexual criminal laws in recent years and adopted elements of the consent principle, including Sweden, Spain, and France. Austria is regularly portrayed as a laggard in the debate.

SPÖ Women's Minister Holzleitner had described the draft as the centerpiece of a broadly conceived initiative to protect women and girls. The Justice Ministry under Sporrer most recently said it was in intensive coordination talks with stakeholders and experts.

Critics of a tightening point to constitutional questions and the presumption of innocence. They warn that an expansion of criminal offenses could lead to significant intrusions into the personal sphere of freedom and must therefore be examined particularly carefully.

Political background of the demand

Gewessler is not a member of the current government, but her statement still carries weight: she was a member of the Greens until the end of 2024, who governed together with the ÖVP. On the issue of sexual criminal law, she takes a significantly more progressive line than large parts of the former coalition.

The Women's Minister had most recently emphasized that the reform should go into review before the parliamentary summer break. The summer break has now already begun without a review draft being published.

Reactions from civil society

The call for a tightening is also supported by NGOs and women's rights organizations, which point to the high number of unreported cases of sexual offenses and to the particular need for protection of minors. They are calling for clear signals from the legislature.

It remains unclear when exactly the federal government will present the draft. The Ministry of Justice did not initially provide any concrete confirmation of a date in response to an APA inquiry. The reform thus remains one of the unresolved major political projects of the current legislative period for the time being.