History
Over the Middle Ages there existed an uneasy association between those selling sex (usually women) on the one side, and church and state on the other. While the practice was frowned on, it thrived, and was tolerated. The Hapsburg Rudolph of Habsburg (1273-1291) made it an offence to insult these "gelüstigen Frauen" in 1276. After all they paid their taxes (two pfennigs a week). On the other hand on Sundays and during Lent, they were obliged to stay away from the towns.
The first recorded mention of the existence of brothels (Freudenhäusern) in Vienna can be found in a charter of Duke Albrecht III (1365-1379). Some councilors wanted to set up a charitable foundation for prostitutes who renounced their sinful life. However very soon councilors were actually establishing brothels ands even supported a nunnery from the taxes.
The last time prostitution was completely forbidden in Austria was under Maria Theresa of Austria (1740-1780), who shipped prostitutes along with other "antisocial" people down the Danube to Timișoara in the Banat region of Romania.
Since this did little to reduce prostitution, however, Austrian laws changed to consider prostitution as a necessary evil that had to be tolerated, but regulated by the state. In 1850, Dr. Nusser of the Vienna police suggested that prostitutes be required to register with the police, receive medical examinations twice a week, and obtain special health certificates. In 1873, Anton Ritter von Le Monnier, head of the Vienna police, reformed Vienna's prostitution law, and health certificates have been obligatory since that time. Prostitutes who complied with the requirements of registration and examinations were no longer prosecuted by the police. A newspaper article of October 27, 1874 reported that 6,424 prostitutes had received health certificates and were under observation by police and health authorities. According to police estimates, at least 12,000 more women lived on the proceeds of "free love" without being registered. Most of these were factory workers who received so little pay that they needed the additional income. Of the registered prostitutes, 5,312 were unmarried, 902 widows, and 210 married. The youngest was 15 and the oldest 47 years old.
Homosexual male prostitution was legalized in 1989. under paragraph § 210 of the penal code (Strafgesetzbuch). A major reason for legalization was to reduce the spread of HIV through regular medical examinations.
Durch das Bundesgesetz BGBI. Nr. 243/1989 wurde der § 210 StGB, der bislang die gewerbsmäßige gleichgeschlechtliche Unzucht mit einer Person männlichen Geschlechts unter Strafe stellte, aufgehoben. Diese gesetzliche Maßnahme ist das Ergebnis einer ausführlichen Diskussion, in der die Befürworter hauptsächlich dahingehend argumentierten, dass die im Zusammenhang mit der Verbreitung von AIDS getroffenen Gegenmaßnahmen, insbesondere die Durchführung regelmäßiger Untersuchungen sowie die behördliche Registrierung aller Prostituierten, durch die allgemeine Strafbarkeit der männlichen homosexuellen Prostitution in ihrer Effizienz stark beeinträchtigt würden.
Read more about this topic: Prostitution In Austria
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