After scandalous verdict

Minister announces reform of sexual criminal law

The Minister of Justice draws conclusions from the Anna case and announces a reform of sexual criminal law.(Bild: SEPA Media, Gerhard Bartel)

The ten acquittals in the trial for the violation of the sexual self-determination of the twelve-year-old girl Anna in Vienna caused an outcry in the country. Justice Minister Anna Sporrer (SPÖ) reacted and announced a reform of sexual criminal law: The consent principle "Only yes means yes" is to be implemented.

The verdict following the court's decision last Friday had a profound effect: all ten defendants, five of whom had previous convictions, left the courtroom as free men after a two-day trial. Although they had sexual intercourse with a twelve-year-old girl at various locations in Vienna, including a specially rented hotel in Favoriten. The child had made herself look older and consented, the verdict stated.

The indictment, however, stated that Anna (name changed) had said "no", but had participated out of fear and because she was physically inferior to the defendants. The fact that the court has now announced an acquittal has caused a lack of understanding and fierce criticism both in Austria and internationally.

A milestone for the protection of victims
The court's decision apparently also made Justice Minister Anna Sporrer (SPÖ) sit up and take notice. Surprisingly, she announced a "further development of sexual criminal law" on Monday. Austria should set a good example: In future, the principle of consent will be enshrined in law - "only yes means yes".

The reform of sexual criminal law is also anchored in the government program. Defense Minister Klaudia Tanner had already spoken out indignantly on Saturday. She "no longer understands the world" and considers the acquittals "wrong as a mother and politician", saying they send out "a fatal signal of false tolerance".

The Minister of Justice also expressed her sympathy: as a matter of principle, she does not comment on judgments of independent jurisdiction, but she could "well understand the great consternation and public interest in this case". Protection against violence has accompanied her throughout her professional life and is therefore also a central concern for her as Minister of Justice: "Strengthening sexual self-determination and the effective protection of women and girls against violence are my top priorities." With this in mind, she is currently examining "how the current sexual criminal law can be further developed".

Defense Minister Klaudia Tanner also followed the reporting on the Anna case in the "Krone":(Bild: X/Klaudia Tanner)

What does "only yes means yes" mean?
The measure, which will be enshrined in law in future, is entitled "Only yes means yes" and represents a fundamentally new approach by the courts. According to Sporrer, in future it will be examined whether explicit consent was given instead of assessing whether the person concerned resisted or made it clear that the sexual act was against their will. Even if this may seem insignificant to outsiders, it represents a novelty in Austrian criminal law and an important step towards strengthening victim protection.

Another key step is the nationwide expansion of violence outpatient clinics, the foundations of which were laid by former Justice Minister Zadić during her time in office. "These facilities make an indispensable contribution: they provide quick and uncomplicated support to victims of violence and secure evidence in court - a crucial aid for subsequent court proceedings," emphasized the Minister of Justice.

Verdict was legal without consent principle
The main hearing last Friday was not about a sexual act that was carried out or endured with violence or threats. The sentence was within the legally permissible range and must be accepted accordingly. Even the accusation of sexual abuse of minors had already been dropped by the public prosecutor's office in the preliminary proceedings for reasons of evidence.

The core of the trial was the violation of sexual self-determination and the sexual assault of a twelve-year-old girl. The question remains as to how the trial would have proceeded if the consent principle "only yes means yes" had already applied at the time. According to the indictment, Anna is said to have explicitly said "no".