Current Laws
Prostitution in Austria is regulated under the penal code (Strafgesetzbuch). under Zehnter Abschnitt Strafbare Handlungen gegen die sexuelle Integrität und Selbstbestimmung (§§ 201-220b) (Part Ten: Offences against sexual integrity and self-determination (§ § 201-220b)).
Although sex work itself is not forbidden, Section 207b Sexueller Missbrauch von Jugendlichen (Sexual abuse of juveniles) allows for prosecution of clients of workers younger than 18. Additional restrictions are specified in § 214 to 217. Medical examinations are required by the AIDS and STD laws. The laws of the federal States of Austria place further restrictions on the times and places where prostitution may occur. The most restrictive law is that of Vorarlberg, where prostitution is legal only in licensed brothels and to date no such licenses have been issued.
The Supreme Court of Austria (Oberster Gerichtshof) held in 1989 that Prostitution was a sittenwidriger Vertrag (Unconscionable contract); therefore, a prostitute had no legal recourse against a customer who refuses to pay (OGH June 28, 1989, 3 Ob 516/89). This sentence was revised in 2012 (OGH April 18, 2012, 3 Ob 45/12g), explaining that prostitution can no longer generally be considered as unconscionable because moral attitudes have changed and prostitution is regulated by local laws. In particular, prostitutes now have the legal right to sue for payment.
Under Strafgesetzbuch § 216, it is forbidden to receive a regular income from the prostitution of another person, so a prostitute cannot legally be considered an employee. Prostitutes are considered to be self-employed, and since 1986 they have been required to pay taxes. The Arbeits- und Sozialrechts-Änderungsgesetz (ASRÄG) 1997 included them in social insurance.
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