And in a women's cell?
She can retire earlier after changing gender
This case turns gender policy on its head. Walter changed his gender to female and could therefore retire around four years earlier. What's more, he could now even serve a prison sentence in a women's prison as a result of the gender change. The "Krone" shows the whole unbelievable story.
Waltraud (sic!) sits in front of krone.tv infochef Katia Wagner with a bald head, military trousers and prominent biceps. However, he has since shaved off his beard, a striking moustache that he wears in his ID photo. "But only because it had turned white and I didn't feel like dyeing it," says Waltraud with a mischievous smile.
Ex-Rotlicht boss, now registered wife
The fact that Walter is now sitting in front of the krone.tv camera as Waltraud is quite bizarre. The former hotel operator, who sees himself as a kind of "denier of the state", came up with the idea of changing his gender after receiving a letter about his imprisonment. The Viennese had sold counterfeit silver coins and served three months in prison. "I thought to myself: then I'll just go to a women's prison," he explains the reason for the gender change.
"I'm particularly looking forward to showering and going for walks with the women. I have a good time there with the ladies," she says with a wink.
At the Magistrate's Office: "What does a woman have to look like?"
When his friend bet against it, he wanted to know. At the magistrate's office, he was first sent away because his appearance didn't have any particularly feminine features. "I thought that was sexist. Because what does a woman have to look like? Do you need long blonde hair, false eyelashes and a miniskirt to be a woman?" Walter replies.
A little later, he came back with a psychiatric report. "I was expecting that I would have to go to the public health officer or that there would be a counter-opinion. But no. It happened in no time at all and within a week I was a woman with all the relevant ID documents as Waltraud," says Waltraud about the process at the magistrate's office.
Waltraud wants to go to the women's prison in a shared cell
By the time the prison sentence became serious, Walter had long been a registered woman. She rejected the authorities' offer of an ankle bracelet - she wanted to serve her sentence in a women's prison. And in a shared cell with other women! "At this point, I had already had a second opinion that I couldn't lie alone," she says with a smile.
"Maybe if it was Brad Pitt, the other inmates would be happy, but it's just me," she says. The authorities are still trying to make the ankle bracelet appealing to her today: "A typical Austrian solution to get around the problem".
Former pension just a "nice side effect"
As a surprising, "nice side effect", Waltraud received a letter from the pension insurance institution after the gender change. As a woman, he was now allowed to retire four years earlier - at 61 instead of 65 as a man! "I didn't expect that. That wasn't my goal or my plan," she says. She actually just wanted to annoy the justice system and serve her sentence in a women's prison.
She presents the letter from the pension insurance institution addressed to "Ms. P." to "Krone" journalist Katia Wagner.
In response to an inquiry from "Krone", the Ministry of Justice explains that a separate working group has dealt with the issue of "identity-conforming life for LGBTQ+ people in prison". This group had determined that trans people should not be discriminated against. Where they are housed is a case-by-case decision.
Pension insurance institution now wants to take another close look
When asked, the Pension Insurance Institution writes that the calculation of Waltraud's previous pension reference date is based on the entry in the Central Register of Civil Status. If there are any doubts, the individual case will be re-examined on the pension reference date. So if Waltraud did not look like a woman on the cut-off date, a different retirement age could result. But who decides what a woman should look like?
Who can retire and when
- For men, the standard retirement age is 65.
- For women, the retirement age varies between 60 and 65 depending on their date of birth
- Until the end of 2023, the retirement age for women was 60. It has been gradually increased since 2024. It is currently 61.5 years and will rise to 65 by mid-2033.
- The gender entered in the civil status register on the cut-off date counts for retirement.
Compulsory military service could be circumvented by changing gender
There are no clear criteria for this in Austrian case law. In another, but similar case, earlier retirement was denied. A Viennese man had submitted an application for earlier retirement as a woman just a few weeks after his gender change. The PVA rejected the application as the person showed no "external signs of belonging to the opposite sex" and - unlike Waltraud - was unable to present a psychiatric report.
The case is currently being heard in court. The plaintiff's lawyer, Dr. Florian Knaipp, also sees another issue arising from the uncertain legal situation. "If there are no criteria at all, I can imagine that many a young man will register as a woman at 17 in order to avoid compulsory military service," says the lawyer. It is up to the legislator to determine what defines a woman and what defines a man.
How the gender change works
- To change your gender, you have to make a change in the civil status register. This can be applied for at any registry office in Austria.
- This ensures equality with people of the same sex in marriage, social and pension law.
- The Administrative Court ruled in 2009 that no surgical gender reassignment is necessary for this.
- A psychiatric report is not legally required to carry out a change. However, it is up to the registry offices to decide independently on applications. In Vienna, an expert opinion is required.
- In Germany, a new law has been in force since November 2024 that makes it easier to change gender. A simple declaration is sufficient; previously, an expert opinion had to be obtained from two different experts for a change and a court had to decide.
"I'm a lesbian"
Waltraud - or Walter - seems to be very comfortable with his new gender. "Of course I feel like a woman," she clarifies with a broad grin. When asked about the fact that she - or he - has been married to a woman for 24 years and has two teenage children, she explains in a low voice: "I'm just a lesbian transsexual." What did her wife say about the fact that the man she married is now female? "My wife is used to a lot from me," says Waltraud.
You can see the report on Waltraud on Sunday and Monday at 8.15 pm on krone.tv; you can find the podcast "The Waltraud case - how a man fools the Republic" wherever there are podcasts!
This article has been automatically translated,
read the original article here.
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