Legal options for victims of sexual harassment in Austria
Sexual harassment can have severe consequences on an individual’s physical and mental health, leading to emotional distress, anxiety, depression, and, at times, suicidal thoughts. Due to the increasing prevalence of sexual harassment in Austria, the government has taken important steps towards making it easier and safer for victims to come forward and take legal action against perpetrators. In this article, we will discuss the different legal options for victims of sexual harassment in Austria.
Definition of Sexual Harassment in Austria
The Austrian legislature defines sexual harassment as unwanted sexual acts and behavior, whether by words or actions, that interfere with a person’s dignity or create an aggressive, hostile, intimidating, or humiliating environment. Examples of sexual harassment may be inappropriate jokes or comments, unwanted touching, requests for sexual favors, and displaying sexual material in the workplace.
The Legal Options Available for Victims of Sexual Harassment in Austria
1. Reporting to the Company or Employer
If a victim experiences sexual harassment in the workplace, they can file a complaint with the company or employer. Austrian law mandates that all employers and companies are responsible for protecting their employees from sexual harassment.
The victim should first approach someone in the human resources department, a supervisor, or a manager, to report the harassment. The company or employer is obliged to conduct an investigation and take necessary measures to ensure the victim’s safety and prevent any recurrence of the harassment.
If the company fails to respond to a complaint, the victim has the option of proceeding to the next step, which is filing a complaint with the court.
2. Filing a Complaint with the Court
If an individual experiences sexual harassment outside of the workplace or the company/employer fails to respond to their complaint, they have the option of filing a legal complaint. The process involves approaching an attorney who specializes in sexual harassment cases and filing a complaint with the relevant district court for civil law cases.
The legal procedure begins by filing a request for a preliminary injunction that could prevent the harassment from continuing. The judge examines the case and decides whether to issue the preliminary injunction to protect the victim.
The case then proceeds into a series of hearings, where the court examines the evidence presented by the victim and the perpetrator, and witnesses if necessary.
If the perpetrator is found guilty, they will be required to pay damages to the victim, ranging from compensation for financial loss to non-material damage such as pain and suffering.
3. Filing a Criminal Complaint
Sexual harassment is an offense in Austria that carries criminal consequences. If an individual experiences sexual harassment, they have the option of filing a complaint with the police or the public prosecutor.
The police will investigate the complaint and prosecute the perpetrator if they find sufficient evidence. If the perpetrator is found guilty, they will be sentenced by the criminal court. The punishment can range from a fine to imprisonment, depending on the severity of the crime.
Conclusion
Sexual harassment is a severe offense with significant consequences for the victim. The Austrian government has taken important steps to ensure that victims can come forward and take legal action against perpetrators safely and effectively. Legal options range from reporting harassment to the company, filing a complaint with the court, to filing a criminal complaint with the police. Victims of sexual harassment in Austria should consult an attorney who specializes in sexual harassment cases to know their legal options and rights. Delve further into the subject and uncover extra information in this specially selected external resource. Anwalt Wels https://rieger-recht.at, examine fresh information and viewpoints on the topic discussed in the piece.
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