LUIS*A's right

Sexual Harassment Fact Check

General Legal Basis

Sexualised harassment may be defined as a type of sexualised violence. It has the purpose or effect of:

  • violating someone’s dignity or
  • creating an intimidating, hostile, degrading, humiliating or offensive working environment for the individual concerned.

Most harassers want to demonstrate their power or superiority. Such assaults are not consistent with the Austrian legal system, as demonstrated by numerous legal provisions.

University members (students and employees of the university) are protected by the Austrian Equal Treatment Act (B-GlBG) from sexualised assaults. Sexual harassment is a form of unlawful discrimination under the Federal Equal Treatment Act (§ 8 iVm § 42 Abs 2 B-GlBG).

If persons who do not work or study at the university are sexually harassed on campus, they are legally protected through the Equal Treatment Act (GlBG) or the Styrian State Equal Treatment Act (StLGBG 2023).

When is an assault considered as sexual harassment within the meaning of the Equal Treatment Act?

  1. The harasser “repeatedly or continuously” engages in behaviour towards another person in a sexual manner (visually, verbally, physically).

  2. This behavior is objectively offensive (or intended to be so) and violates the dignity of the victim.

  3. In addition, sexual harassment is subjectively unwanted, inappropriate or offensive to the person concerned.

  4. Finally, this behaviour has the purpose or effect of creating an intimidating, embarrassing, hostile, degrading, humiliating work or study environment.

For more information on harassment characteristics, click here.

Examples of sexual harassment include:

  • leering and suggestive staring/gestures

  • telling sexually offensive jokes, wolf whistling, cat calling

  • unwanted or derogatory comments or nicknames about clothing or appearance, asking questions about someone's sex life

  • unwelcome sexual advances, propositions, invitations

  • sending sexually explicit letters, emails or text messages (SMS, WhatsApp)

  • physical contact such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, non-consensual physical contact (butt grabs and butt pats)

  • coercion for sexual acts

  • indecent exposure/exhibitionism

  • sexual assault or rape and other criminal offences against sexual integrity and self-determination (see below)

  • exhibitionist acts

  • rape and other criminal acts against sexual integrity and self-determination (see below)

Boundary-crossing behaviour that is not considered as sexual harassment:

  • This may involve other forms of harassment within the scope of equal treatment law (based on gender, ethnicity, age, religion or belief, sexual orientation or disability).

  • An unlawfulness of the assault may also result from other legal provisions (criminal law, administrative law, private law, etc.).

Major sexual offense provisions:

  • § 105 StGB: Coercion

  • § 106 StGB: Severe coercion

  • § 201 StGB: Rape

  • § 202 StGB: Sexual coercion

  • § 205 StGB: Sexual abuse of a defenseless or mentally impaired person

  • § 205a StGB: Violation of sexual self-determination

  • § 218 StGB: Sexual harassment and public sexual act

For more information on sexual laws, click here.

Sexualized harassment can also lead to consequences under sexual criminal law. In contrast to equal treatment law, transgressive conduct in criminal law is usually illegal from the point of physical assault.