The former hourly hotel operator, born as Walter, had changed his legal gender to female about two years ago, but the responsible MA 63 has since reversed this decision. P. filed an objection against this process, which the administrative court must now decide on.

The proceedings gain urgency, among other reasons, because P. was sentenced in December 2025 to 20 months of unconditional imprisonment for re-engagement in National Socialist activities. An additional twelve months from a previous conviction under the Prohibition Act were reactivated, resulting in a total of 32 months to be served.

In early October, it was reported that the convicted person had received a summons from the Vienna Regional Court to begin serving the sentence. Within one month of delivery, Waltraud P. was to occupy a cell in the Josefstadt prison. „I doubt that a woman is well taken care of there,“ commented Nikolaus Rast, the legal representative of the former red-light figure, at the time. Rast has therefore submitted an application for electronic monitoring. „The application has not yet been decided,“ Rast explained at the time, and nothing has changed in that regard so far.

Walter P. had changed his legal gender after he was supposed to begin serving a sentence for fraud in 2023, presenting an expert opinion on his alleged transgender identity. Rast explained in October that Walter P. had fulfilled all legal requirements for changing the legal gender to female.

In Austria, however, it must be proven that one lives stably in another gender before making such a change. There are apparently significant doubts about this in the case of Waltraud P. The magistrate department responsible for civil status (MA 63) corrected the gender entry from female to male in December 2025, as the judge at the administrative court explained during the hearing. The authority assumed a „faulty entry.“ P. has appealed this decision.

The motive for changing the gender to „female“ was also a topic in court on Tuesday. P. stated that this step had nothing to do with his convictions. At the time of the application, no prison sentence was under discussion, he referred to the renewed conviction that only occurred at the end of 2025.

The clarification before the Vienna Administrative Court, whether it is indeed a transgender person, will now, according to the judge, occur at the earliest in one or two weeks. Only then will either a written decision be issued or any further evidence be taken, he said.

On Tuesday, P. requested, among other things, an assessment by another expert. While previous assessments confirmed the identity as female, an assessment obtained by the administrative court did not align with P.’s perspective.

P. criticized the expert who was appointed by the administrative court on Tuesday. This expert was specialized in weapons law rather than gender identity. Melanie Kolar from the law firm Rast, who represented P. on Tuesday, therefore requested that another assessment ideally be conducted by a psychiatric expert with „specialized knowledge regarding gender identities.“

The lawyer also requested the examination of the four individuals who have previously conducted assessments on P.’s gender identity. The judge stated he would „consider“ the evidence requests. The decision will be issued in writing in any case. He also pointed out that the administrative court has no other experts available in the field of psychiatry besides the one already consulted. Obtaining an assessment from another expert would incur costs for the applicant, he emphasized.

The media appearances of P., which had previously caused a stir and, according to the judge’s statements, contributed to the reversal of the gender entry, were also a topic in court on Tuesday. „I would never do that again from today’s perspective,“ said P., stating that they had also received a „briefing“ for an appearance on a talk show. For interviews in the Kronen Zeitung, P. also received „6000 euros,“ according to the court statement – the aim was, among other things, to „raise“ money for the then underage children, P. referred to costs for language trips. The Kronen Zeitung declined to comment on the APA’s request.

Recently, Waltraud P. was convicted because between 2015 and 2023, as Walter, he distributed pictures of Adolf Hitler and accompanying texts or comments in WhatsApp chat groups, which glorified Hitler and National Socialism. Additionally, antisemitic messages mocking and endorsing the mass extermination of Jews and other crimes of the Nazi regime were sent. Walter or Waltraud P. has been known to the Documentation Archive of the Austrian Resistance (DÖW) for some time due to contacts with leading members of the Austrian neo-Nazi scene.

(APA/Red.)

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