Administrative data sources on GBV in
Administrative data sources
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Administrative data sourceAustriaViolence, Health
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Statistical products
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Statistical productAustriaViolence
Polizeiliche Kriminalstatistik
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Legal Definitions
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AustriaViolence, JusticeIntimate Partner Violence
Occurs when a person and their children are subject to physical, psychological or sexual violence in their family or are repeatedly persecuted and harassed (stalked).
Legal Source:Security Police Act, Section 38a; Domestic Violence is only indirectly covered under the Criminal Code under various sections that may be applied: Section 75 (Murder), Section 76 (Manslaughter), Section 77 (Murder by Hire),Section 78 (Involvement in Suicide), Section 79 (Infanticide), Section 82 (Abandonment), Section 83 (Bodily Harm), Section84 (Grievous Bodily Harm), Section 85 (Grievous Bodily Harm with Lengthy Recovery Time), Section 86 (Assault with DeadlyConsequences), among others.
Legal provisions on protection orders:Interim injunctions are applied. The police is also obliged to inform intervention centres who in return offer protection for the victims as well as psychosocial and legal advice (Security Police Act, Section 38a).
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AustriaViolence, JusticeRape
A rape is committed if the deed has been a coitus or any other form of penetration. The victim of a rape has to be coerced by force, by deprivation of her/his liberty, or by dangerous threat either to perform or to tolerate the coitus.
ObservationsAggravated forms of rape exist when the victim gets pregnant, dies, suffers sever injuries or is put in an humiliating state over a prolonged period of time. These aggravated forms of rape are accompanied by higher threats of punishment.
Legal Source:Criminal Code, Section 201
Legal provisions on protection orders:No legal provision
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AustriaViolence, JusticeSexual Assault (excl. rape)
Sexual assault occurs when a person is coerced by force or dangerous threat to perform or tolerate a sexual act that does not fall under rape according to Section 201 of the Criminal Code.
ObservationsAggravated forms exist when the victim gets pregnant, dies, suffers sever injuries or is put in a humiliating state over a prolonged period of time. These aggravated forms are accompanied by higher terms of punishment.
Legal Source:Criminal Code, Section 202
Legal provisions on protection orders:No legal provision
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AustriaViolence, JusticeSexual Harassment
Touching the victim’s sexual characteristics or committing a sexual act in front of the victim.
ObservationsSexual harassment requires the victim’s complaint for prosecution.
Sexual harassment at the workplace in the Equal Treatment Act offers a broader definition by penalizing touching other parts of the victim’s body as well as verbal utterance. (Equal Treatment Act, Section 46)
Legal Source:Criminal Code, Section 218
Legal provisions on protection orders:No legal provision
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AustriaViolence, JusticeStalking
In Austria, stalking is defined as “persistent persecution”. Criminal law distinguishes four types of stalking, for each of them imprisonment up to one year can be imposed: a) trying to come close to the victim, b) contacting the victim by repeated letters, phone calls, emails, or SMS, c) ordering goods or services for the victim using her/his personal data and d) make other persons contact the victim using the victim’s personal data.
Legal Source:Criminal Code, Section 107a
Legal provisions on protection orders:Interim injunctions can be applied on the victim’s request under civil law (EO, Section 382g, Paragraph 1). The police is obliged to inform intervention centres on stalking cases who in return offer protection for the victims.
Literature and legislation
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AustriaHealth, Violence
overview of legistlation about all aspects of GBV in Austria Comments: ...
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AustriaHealth, Violence
Comments from the Austrian Frauenring on the survey/questionnaire pertaining to the economic effects...
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AustriaHealth, Violence
Country of origin: INT Q1. Does the document discuss/deal with…...