Straf- und Strafprozessrecht

Section 321a (1) and (3) provide that a person who holds a woman captive who has been impregnated through the use of coercion, with the intent to influence the ethnic composition of a population or to commit other serious violations of international law, is punishable by imprisonment for a term of 5-15 years, or, if such an act results in the death of a person, a term of 10-20 years or life imprisonment. The abovementioned applies where such acts are performed as part of an extended or  systematic attack against a civilian population.

Section 201 states that a person who coerces another person, by force, deprivation of personal liberty, or by threat to life, to perform or tolerate sexual intercourse, or a sexual act equivalent to sexual intercourse, shall be punished by imprisonment for a term of 2-10 years. If the act causes serious bodily harm or pregnancy of the raped person, or if the act places the raped person in a state of agony for a prolonged period of time or humiliates that person in an extraordinary way, the perpetrator shall be punished by imprisonment for a term of 5-15 years.

Section 85(1) no. 2a provides that a genital mutilation constitutes an assault with severe permanent consequences. While it can be possible to consent to a personal injury, Section 90(3) states that it is not possible for a person to consent to genital mutilation. Furthermore, pursuant to Section 64(1) no. 4a the criminal liability does not require that Austria be the location of the crime as long as, e.g., the perpetrator or the victim is Austrian.

Generally, the person performing the abortion and the pregnant woman who consents to the procedure are criminally liable pursuant to Section 96.