Prostitution In Austria: Is It Legal?

Prostitution in Austria is legal and regulated. However, the legality of prostitution varies across Europe, with some countries outlawing the act of engaging in sexual activity in exchange for money, while others allow it but prohibit most forms of procuring. In Austria, prostitution has been legal since 1811, and while it is tolerated, it is still considered a social taboo. Austrian legislation aims to create a framework that allows sex workers to perform their profession safely.

Prostitution is legal and regulated in Austria

History of Prostitution in Austria

During the Middle Ages, the practice was frowned upon by the church and state, but it thrived and was tolerated. While those selling sex (usually women) were obliged to stay away from towns on Sundays and during Lent, they were also taxpayers.

In 1276, Rudolph I of Habsburg made it an offence to insult these women, and the first recorded mention of brothels in Vienna can be found in a charter of Duke Albrecht III (1365-1379). The last time prostitution was forbidden in Austria was under Maria Theresa of Austria (1740-1780), who shipped prostitutes and other "antisocial" people to Timișoara in Romania.

Current Laws and Regulations

Austrian legislation is designed to create framework conditions that allow sex workers to perform their profession "safely". Prostitution is legal in Austria, but it is also regulated by legislation at both the regional and federal levels.

Female sex workers are considered self-employed, and they are required by law to undergo an examination for sexually transmitted diseases every six weeks. A ban on advertising "unsafe sexual practices" also applies throughout the country.

The federal regions decide the "Who", "When", and "Where". For example, in some regions, the age of majority is sufficient to open a brothel, while in others, a person must be older (24 in Vorarlberg). Prospective brothel owners are required to undergo a detailed approval process almost everywhere, and home-based prostitution is forbidden in all of Austria's federal regions.

In Vienna, street prostitution is permissible but not in residential areas, at public transport stopping points, or near cemeteries and allotments. The minimum age for the "consumption" and practice of prostitution in Vienna is 18.

In Salzburg, an opening of a brothel is not approved if one or more public buildings (schools, kindergartens, children's playgrounds, etc.) are located within an area of 300 meters. Home visits are forbidden in Salzburg, and anyone offering sexual services must be registered with the local council.

COVID-19 Impact

During the COVID-19 pandemic, prostitution establishments (prostitution bars, brothels, and running houses) were shut down during lockdowns. Sex workers were entitled to benefits from the hardship fund as self-employed persons.

Most Austrian prostitutes are migrants

Prostitution in Austria is legal and regulated. However, the majority of sex workers in the country are migrants, with estimates ranging from 60 to 90%. Most of these migrants come from the former Eastern Bloc countries, especially Slovakia, and are often commuters who work in Austria but live elsewhere.

The influx of migrants into the Austrian sex industry can be traced back to the fall of the Iron Curtain. Following this event, many young women from the former Eastern Bloc entered Austria and offered sexual services at lower prices than local Austrian women. This shift in the demographics of sex workers in Austria has also been accompanied by the entrance of organised crime groups from Southern and Eastern Europe into the Austrian prostitution scene.

The migration of sex workers into Austria has had a significant impact on the industry. Firstly, it has contributed to a decrease in the number of registered prostitutes and an increase in unregistered prostitutes. This trend poses challenges for law enforcement and health authorities, as unregistered prostitutes are less likely to undergo regular health checks and may contribute to the spread of sexually transmitted diseases.

Secondly, the migration of sex workers has led to a change in the dynamics of the industry. Previously, there was a relatively good cooperation between the police and prostitution, with pimps being allowed to regulate their turf wars and inform the police. However, with the increase in migrant sex workers, the industry has become more complex and challenging to regulate.

The Austrian Federal Ministry of the Interior recognises the challenges posed by illegal prostitution, including human trafficking, pimping, and health risks. As a result, they are working towards transforming illegal prostitution into legal, regulated prostitution. This effort is supported by human rights and migrant organisations, who aim to improve the working and living conditions of sex workers and eliminate discrimination in working rights and residence permits.

While prostitution has long been a part of Austrian culture, with records dating back to the Middle Ages, the migration patterns of recent decades have significantly shaped the industry. The increase in migrant sex workers has led to a more complex and dynamic prostitution landscape in Austria, presenting both opportunities and challenges for those involved.

Austrian prostitutes must be tested for STIs every 6 weeks

Prostitution in Austria is legal and regulated. However, Austrian prostitutes must be tested for sexually transmitted infections (STIs) every 6 weeks. This is to ensure that they are not carrying any diseases that could be transmitted to their clients. The tests are mandatory, and if a prostitute fails to comply, they can be penalised. The requirement for these regular examinations is one of the specific regulations governing sex work in Austria, and it is in place to protect both the workers and their clients.

The tests are a legal requirement for prostitutes in Austria, and they must present a negative antigen or PCR test every six weeks. This is a strict regulation, and even if a test result is negative, sex workers must still adhere to other recommended safety measures, such as social distancing and mask-wearing. In addition to the tests, prostitutes are also required to have a health pass, which is stamped at each doctor's visit. This pass serves as proof that they have been examined and are cleared to work.

The frequency of the tests, every six weeks, ensures that any infections are caught early and treated promptly. This helps to protect the health and safety of both the prostitutes and their clients. The tests are an important part of the regulations governing sex work in Austria, and they are taken very seriously by the authorities. Prostitutes who do not comply with the testing requirements may face legal consequences and may be prohibited from working.

The mandatory tests are just one aspect of the regulations surrounding prostitution in Austria. There are also rules governing where prostitution may take place, with home-based prostitution forbidden in all federal regions. In addition, the minimum age for sex workers varies across regions, and there are restrictions on advertising and the types of sexual practices that are permitted. Overall, the regulations are designed to protect sex workers and their clients, and to ensure that the industry is safe and well-regulated.

The requirement for Austrian prostitutes to be tested for STIs every six weeks is an important part of the legal framework governing sex work in the country. It helps to ensure the health and safety of those involved and is a key component of the efforts to regulate the industry effectively.

Prostitution establishments were shut down during the COVID-19 pandemic

Prostitution establishments in Austria were shut down during the COVID-19 pandemic as the federal government restricted most outdoor activities and banned non-essential businesses from operating. This was done to slow down the infection rate in the country.

All sex clubs, bars, saunaclubs, studios, escort agencies, and other adult establishments ceased operations until they were allowed to reopen. The women who worked in these establishments travelled back to their countries of origin to wait out the pandemic. Most of the biggest establishments notified their customers about the closures through their websites, newsletters, or other online portals.

The closures of these establishments during the pandemic had a significant impact on the industry. When adult establishments were allowed to reopen, there was a surge in illegally working women in Vienna. This was due to the new COVID-19 testing requirement for anyone wishing to work legally in the city. With a limited number of tests available each day and thousands of applicants, some women had to wait for months before they could obtain their legal documents and start working again. As a result, many turned to illegal prostitution, operating out of private apartments. The Vienna Police Department conducted raids on several of these apartments and fined both the women and the apartment owners.

The pandemic also affected the number of sex workers in the country. According to an expert from the Federal Criminal Police Office of Austria, there were approximately 7,000-8,000 sex workers in Austria before the pandemic, working in around 800 legal and illegal brothels. After the pandemic, the number of sex workers known to the police decreased to 5,000-6,000, with 2,000-3,000 working illegally in private apartments and hotel rooms. This shift towards illegal prostitution has had a detrimental effect on legal brothels, as they struggle to find new workers and retain their customers.

Prostitution is a social taboo in Austria

Historically, those selling sex existed in an uneasy association with the church and state. While the practice was generally frowned upon, it thrived and was even tolerated during certain periods. For example, during the Middle Ages, prostitutes were required to pay taxes, but they were also obliged to stay away from towns on Sundays and during Lent. This complex relationship between authorities and sex workers continued to evolve over the centuries, with prostitution being completely forbidden under Maria Theresa of Austria in the 18th century, only to be legalised again later.

Today, prostitution is legal in Austria, but it is heavily regulated by both federal and regional laws. While female sex workers are considered self-employed and must comply with tax regulations, they also face mandatory health examinations every six weeks to check for sexually transmitted diseases. Additionally, advertising "unsafe sexual practices" is banned across the country. Regional laws further dictate the age requirements for owning and operating brothels, with some regions setting the minimum age at 24 years.

Despite the legal framework surrounding prostitution, it remains a contentious issue in Austrian society. Most sex workers in Austria are migrants, and human trafficking, pimping, and rape are significant concerns associated with the industry. The Austrian Federal Ministry of the Interior considers illegal prostitution a problem due to its links with these crimes and the health risks posed by unregistered sex workers.

Efforts have been made to improve conditions for sex workers and address the issues associated with illegal prostitution. The creation of the Austrian Expert Commission on the Issue of Prostitution in 2009, which spoke out against a ban on commercial sex work, is one example of this. Additionally, organisations like LEFÖ (Information, Education and Support for Migrant Women) provide support and advocacy for migrant sex workers in the country.

While prostitution is a divisive topic in Austria, with some calling for a ban on the purchase of sexual services, experts largely agree that distinguishing between voluntary and forced prostitution and implementing appropriate measures for each case is a more effective approach. A legal market allows for better control and support for sex workers while also enabling the identification and assistance of victims of sexual violence and coercion.

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