Crime Victims – Austria

• when a woman is actively encouraged — through false promises regarding work possibilities and earnings — to come to Austria, regardless of whether a job in another field was promised her or whether she was willing to work in prostitution;
• when identity papers or earnings are taken away from her;
• when a woman is forced into prostitution or into giving sexual services;
• when a woman is blackmailed, threatened, humiliated, beaten, raped or imprisoned.
• when a woman must work under conditions of slavery.In the above instances, it is irrelevant whether the woman previously worked as a sex worker or whether she was willing to work as a sex worker because/while she was misinformed about work conditions and earnings.

The names of the criminal offences in Austrian Law are
Trafficking in Human Beings (§ 104a Criminal Code/
“Strafgesetzbuch”) and Trafficking in Prostitutes (§ 217 Criminal Code/ “Strafgesetzbuch”).

Since 1 May 2004 these new laws now include all forms of trafficking. According to the UN-Protocol victims of trafficking in the household or other fields of work are now also recognized as victims of trafficking.

Victims of trafficking in women have access to special support services. Victims are accommodated in a safe place and may be granted a temporary residence permit. However, practice varies according to the region and depends on the individual case; again, advisory centres can give relevant information. For details of special offers for, and the rights of victims of trafficking in women, see the corresponding paragraphs below.

If the woman’s statement or other evidence leads the police to believe that she may have been a victim of trafficking in women (Definition), she has special rights.

In Austria the woman is not entitled to a consideration period enabling her to think about whether to give evidence as witness.

After the police have taken an initial statement, the authority will decide whether the woman will be put in contact with the LEFÖ/IBF, and will also decide whether the woman will be given the right to remain in Austria. If a criminal case is taken, the vicitim is entitled to receive a limited residence permit for the duration of the legal proceedings. In a small number of cases, after intervention by LEFÖ/IBF, other women were granted a limited residence permit where individual humanitarian reasons applied.

If the woman decides to give evidence, she may be granted a limited residence permit due to humanitarian reasons at least until the time when she gives evidence as witness. However, the decision to grant this permit lies at the authorities’ discretion. Often women are not granted a residence permit: their deportation is merely postponed.
If the woman decides against giving evidence, she usually has to leave the country.
Practice varies according to region and depends on individual circumstances. Advisory centres can give information on this.

The woman is entitled to obtain advice and support from the victim protection centre Lefö/IBF (Useful Addresses). The woman should insist that police establish contact to this organisation.

If the woman decides to give evidence in court as witness against the perpetrator, she may, at the authorities’ discretion, be granted a limited residence permit due to humanitarian reasons, or her deportation be postponed. If the woman already has a residence permit for other reasons (e.g. marriage), she does not, of course, require a residence permit as witness.
If the woman is neither granted a residence permit nor possesses one for other reasons, she must leave the country within the time specified by the aliens authorities (“Fremdenbehörde“), despite having made a police statement as witness.

Before court proceedings open, the woman should decide whether she wishes to give evidence only as witness, or whether to appear as the criminally injured party as civil party.

The statement is given either in the course of one day or of several days. Occasionally the witness may also be asked to attend a second time, later in the proceedings, because new questions concerning her have arisen.

Questions are put to the witness by, in order, the judges, the public prosecution, the defence and under certain circumstances her own lawyer.

The witness must answer questions truthfully and omit nothing; otherwise she risks criminal action against her on grounds of false testimony. However, she may remain silent on anything which incriminates her or her family.

When giving evidence, the witness may be accompanied by her lawyer only if she is also appearing as civil party.

The witness is entitled to the services of a translator in her own language. If she feels unable to trust the translator, she can refuse her/him on grounds of interest. The court then decides whether to provide another translator.

The woman may be accompanied and protected by the police during the entire proceedings, and particularly during her statement as witness. However, she is not legally entitled to this protection. The police decides to what extent it considers the woman endangered. In order to obtain the best possible protection, the woman should inform her lawyer and the police of threats made by the perpetrator and others.

The public can be excluded by the judge from proceedings if personal or intimate questions are to be put to the witness.

The accused party is excluded if the witness is afraid or has other reasons for not giving evidence in his presence.

In cases of rape it is not permissible to ask the victim questions regarding her (sexual) history. Other inadmissible questions are those which endanger the witness (e.g. regarding her address) or which are unrelated to the matter.

This centre supports crime victims before court.

The woman in question may not make any compensation claims against the state, even if she does not obtain any compensation from the perpetrator.

A woman may obtain a limited residence permit (postponement of deportation) after criminal proceedings in order to pursue claims against the perpetrator.

Where there is concrete danger that, in her own country, the woman’s life, health or freedom will be endangered by the perpetrator (or by others), she may obtain a residence permit for humanitarian reasons. However, authorities have a great deal of leeway in making this decision, and to date only very few women have been granted this residence permit.

In theory it has, since 1997, been possible for trafficked women to obtain a limited “residence permit on humanitarian grounds”. However, authorities have a great deal of leeway in making this decision, and to date only very few women have been granted this residence permit.

Independently of her role as witness, the woman may obtain the right to residence for other reasons, e.g. marriage or asylum (compare Migration).

If the woman has no means of her own, the costs of homeward travel and the procuring of documents are covered by the LEFÖ/IBF advisory centre care programme.

Generally, no means are available to help the woman set up in her own country.

Advisory centres in Austria help clients organise their homeward travel and supply contact information for support in the home country.