Sporrer announces crackdown on rape videos

One trigger for the renewed debate is the recently revealed case of a 44-year-old in Tyrol who is alleged to have drugged and raped his partner and possibly other individuals. Media reports also mentioned an ex-partner as a possible additional victim. The public prosecutor's office is investigating; the specific charges remain the subject of the proceedings.

At the same time, "Operation Medusa" attracted international attention at the beginning of July. In the investigation against a cross-border abuse network, 156 victims and perpetrators were identified according to reports. As the Federal Criminal Police Office reiterated to the APA on Monday, there is still no Austria connection in the "Operation Medusa" data sets.

Greens demand dedicated criminal offense

Green Party justice spokesperson Meri Disoski had already over the weekend called in a press release for Austria to need "einen eigenen Straftatbestand für den Besitz und die Weitergabe solcher Aufnahmen". With this, she picked up on a line that her party colleague Sporrer now confirmed in the ORF interview. The Greens see themselves as taking a leading role in reforming the pornography law.

Several criminal offenses in the area of rape videos are legally relevant, as the Ministry of Justice explained. These include, according to the ministry, being an instigator or co-perpetrator under § 201 of the Criminal Code (rape) or § 120a of the Criminal Code (unauthorized image recordings). Provisions of the Pornography Act also apply, "wonach unter bestimmten Voraussetzungen auch der 'bloße' Besitz und die Weitergabe von Darstellungen strafbar sein kann, in denen sexuelle Gewalt oder Vergewaltigungen an volljährigen Personen gezeigt wird", as a spokesperson told the APA.

Legal situation and planned changes

However, under current law: "Der bloße Besitz solcher Aufnahmen ausschließlich zum Eigengebrauch ist nach derzeitiger Rechtslage grundsätzlich nicht strafbar." It is precisely this gap that is to be closed. Currently, under the Pornography Act, it is primarily the production, distribution, import and export, offering, and keeping in stock of "obscene depictions" for the purpose of dissemination that are punishable. This also includes depictions of sexual violence and therefore in principle also videos of real rapes.

Sporrer signaled her willingness to actively support the legislative initiative with the sentence "Ich wäre dafür" in the interview. No decision has yet been made on the concrete form – whether as a separate criminal offense in the Criminal Code or as an amendment to the Pornography Act. The timeframe for a government bill also remained open on Monday.

The political debate is therefore not new, but is receiving fresh pressure from the Tyrolean case and the international investigations. Observers expect the coalition parties to have to take a position in the coming weeks. The central question is whether possession of rape material for personal use will in future be treated as an independent offense and what penalties will be attached to it.