Best Sex Crime Lawyers in Murau

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Rechtsanwälte Dr. Erich Moser und Dr. Martin Moser is a Murau-based law firm offering comprehensive legal services across civil, criminal and administrative law. The partnership comprises Dr. Erich Moser, who has practiced in Murau since April 1993, and Dr. Martin Moser, admitted in May 2018, and...
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About Sex Crime Law in Murau, Austria

This guide gives a clear, practical overview for people in Murau - whether you are a person who says they were harmed, someone who has been accused, or a family member seeking help. Sex-related criminal law in Austria covers a range of offences such as rape, sexual assault, sexual coercion, sexual abuse of children, grooming, and offences involving sexual images. Cases arising in Murau are handled through local police and courts in the Styrian court system, with criminal prosecution carried out by the public prosecutor. Proceedings follow Austrian criminal procedure and protect the rights of both victims and accused persons.

Why You May Need a Lawyer

A lawyer experienced in sex-crime matters can be essential for both victims and accused persons. Common situations where legal help is important include:

  • As a person who alleges you were assaulted - to advise on reporting, preserve evidence, seek protection orders, and pursue criminal and civil remedies including compensation.
  • If you are accused of a sex crime - to protect your rights, advise on questioning by police, prepare a defence, and represent you at hearings and in court.
  • When there are allegations involving minors - these cases raise special legal, procedural and child-protection issues requiring specialist advice.
  • To apply for or challenge restraining or protection measures - lawyers assist with applications and court representation.
  • If you need to navigate medical examinations, victim support services, or compensation programs - a lawyer can coordinate these steps.
  • When evidence is complex - digital evidence, communications records, or forensic reports often need careful legal and technical review.

Local Laws Overview

Key legal points relevant in Murau and across Austria include:

  • Types of offences - Austria criminalises a wide range of sexual offences, including non-consensual sexual acts, rape, sexual coercion, sexual abuse of children, sexual exploitation, and distribution or possession of child sexual images.
  • Consent - lack of free and informed consent is central. Use of force, threats, exploitation of an incapacitated person, or situations where someone cannot freely agree can make an act criminal.
  • Age-related protections - sexual activity with children under the statutory minimum age is treated as a criminal offence. Additional protections exist where an adult exploits a position of trust or authority relative to a minor.
  • Evidence and procedure - investigations are opened by police after a report or if authorities otherwise become aware of an allegation. The public prosecutor directs criminal proceedings. For serious offences, pre-trial detention and forensic medical examinations may occur.
  • Victim rights - victims have rights to protection measures, medical care, confidential counselling, and participation in proceedings. There are provisions for victim support and compensation in many cases.
  • Privacy and confidentiality - courts and authorities aim to protect the privacy of victims, particularly minors. Media reporting is often restricted in identifying victims of sexual offences.
  • Penalties - penalties range from fines and community measures to lengthy custodial sentences for serious offences. Sentences depend on the offence, circumstances and prior record.

Frequently Asked Questions

What should I do immediately if I have been sexually assaulted?

First, ensure you are safe - remove yourself from the dangerous situation. Seek medical attention as soon as possible for injuries and to preserve forensic evidence. Try not to shower, change clothes, or clean the scene until after an examination if you intend to preserve evidence. Contact the police to report the incident when you feel ready, and consider contacting a victim support organisation or a lawyer for guidance and emotional support.

Do I have to report the assault to the police?

No - reporting is your choice. Reporting starts a criminal investigation, which may help stop further offences and lead to prosecution. Even if you choose not to report immediately, you can still seek medical care and counselling. A lawyer or victim support worker can explain the consequences of reporting and help you through the process.

What rights do I have as a victim?

Victims have a range of rights under Austrian law, including the right to file a complaint, receive information about the process, access medical and psychological support, apply for protection orders, and seek compensation. Victims may also request confidentiality measures and assistance from specialised support services. A lawyer or victim support organisation can explain how these rights apply to your case.

What should I do if I am accused of a sex crime?

If you are accused, do not give extended statements to police without first consulting a criminal defence lawyer. Exercise your right to remain silent, request legal representation, and avoid contacting alleged victims or witnesses. Gather any evidence or information that could support your defence, and follow your lawyer's instructions about interviews and court appearances.

How long does a criminal investigation or trial take?

Timing varies widely depending on the complexity of the case, whether forensic tests are needed, and court schedules. Some investigations conclude in weeks, others take months or longer. Serious cases that go to trial may take considerably more time. Your lawyer can give a better estimate for your specific situation.

Can I obtain a protection or restraining order?

Yes - victims may apply for protective measures to prevent contact from an alleged offender. Courts can issue temporary or longer-term orders restricting contact, imposing distance requirements, or excluding someone from a shared home. A lawyer or victim support service can help with the application and court proceedings.

Will the case be public - can people find out my identity?

Courts and authorities take measures to protect the identity of victims, especially minors. Media reporting may be restricted to prevent identification. However, court proceedings are generally public, so discuss confidentiality measures and supportive steps with your lawyer and the prosecutor if privacy is a concern.

Can I get compensation for what happened?

Victims may be able to pursue criminal compensation from the state or civil damages from the perpetrator. Austria has schemes that provide financial or practical support to victims in certain circumstances. A lawyer can advise on eligibility, help file claims, and pursue civil remedies where appropriate.

What happens if the accused is a minor?

Cases involving minors follow special procedures that balance the need for protection, accountability and rehabilitation. Child welfare authorities and juvenile courts can be involved. Proceedings may be handled differently than adult cases, with a focus on the best interests of the child and potential support measures.

How do I find a qualified lawyer in Murau or nearby?

Look for lawyers who specialise in criminal law and have experience with sexual offence cases. Ask about their experience, approach to sensitive cases, and whether they work with victim support services. If you have limited funds, ask about legal aid or reduced-fee options. Local bar associations and victim support organisations can often provide referrals for experienced attorneys.

Additional Resources

If you need help, consider contacting the following types of organisations and services in Austria - and ask locally in Murau for the nearest office or contact point:

  • The local police station - for reporting an incident and initiating an investigation.
  • Public prosecutor's office - prosecutes criminal cases and can provide information about procedure.
  • Victim support organisations - national and regional services provide counselling, information and practical assistance; local branches can help in-person.
  • Weisser Ring and other victim-assistance charities - offer practical and emotional support to victims of crime.
  • Medical services and emergency departments - for immediate treatment and forensic examinations.
  • Child protection and youth welfare services - for cases involving minors.
  • Local legal aid offices and bar association referral services - for help finding a lawyer and applying for legal aid.
  • Psychological counselling and trauma services - specialised therapists for sexual violence survivors.

Next Steps

If you or someone you care about needs legal assistance in Murau, follow these steps:

  1. Ensure physical safety - get to a safe place and call emergency services if you are in immediate danger.
  2. Seek medical attention - for injuries, testing and evidence preservation. Ask for a forensic examination if you want to preserve evidence for a future report.
  3. Consider reporting to the police - you can report in Murau at the local police station. Take a trusted person with you if that helps.
  4. Contact a specialised lawyer - find an attorney with experience in sex-crime cases to protect your legal rights or to defend you if you are accused.
  5. Reach out to victim support services - they can provide counselling, practical help, and information about court processes and compensation.
  6. Preserve evidence and records - keep any messages, photos, medical records, and a written account of events and witnesses. Do not delete communications that may be relevant.
  7. Ask about legal aid if you cannot afford a lawyer - there are schemes to help people access legal representation.
  8. Protect your privacy - avoid public posts on social media about the incident, and discuss confidentiality with your lawyer.

If you are uncertain where to start, a phone call to the local police station or a victim support organisation can often point you to immediate resources and next steps. A specialised lawyer will clarify the legal pathway that best fits your situation and represent your interests in the proceedings ahead.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.