What Is Implied Consent?
Wikipedia provides wide detailing on implied consent. Here are some details on the legalities pertaining to implied consent. When people are hauled up for drunk driving, they have provided their consent to the police officers to conduct a breathalyzer test, urine, and even a blood test. There are variants to the law of implied consent, where an individual can refute the claims laid down by law enforcement.
However, if the individual was under the influence, she/he may be slapped with additional charges, lose her/his license, and so on and so forth. A motorist must follow the law of the land. She/he must have a valid license, ensure that the vehicle is in top condition cannot drink and drive if she/he is not within permissible limits. The tests are done by law enforcement officers.
In various parts of the world, marital relations fall under the prism of implied consent. A man/woman cannot use rape or aggravated assault when the spouse initiates sexual relations. It is taken as a given that the spouse is prepared for intercourse. Partners indulging in sexual encounters however, may not have consented to rough sex or S&M.
There is a limit to the consent by virtue of a decision between consenting adults involved. When a person has been unlawfully detained without the knowledge of anything untoward occurring, it can be construed that the other partner has not implied any consent. It can, therefore, be ruled as aggravated assault. However, the other person/s involved in the encounter may argue this in court, citing implied consent.
What is Implied Consent?
When a person, for instance, suddenly suffers from a heart attack, has been rendered unconscious, paramedics get on the job to resuscitate the person - implied consent in place. The first objective is to make sure that the patient under their care is freed from the tempestuous situation. During the drive to the hospital, the trained professionals administer CPR, medicine, to ensure that the patient’s needs are met.
What is the Implied Consent Law?
First and foremost, one cannot misuse the legal wordings as there is a difference between implied consent and explicit consent. During childbirth, the doctor may opt for an emergency cesarean to ensure that mother and baby are doing well. One can look at this as an implied form of consent with regard to reproductive healthcare. The prime objective of the doctor is to make sure that the patient under her/his care is healthy as well as the baby. However, as per the law of the land, the doctor cannot cite an emergency and opt for sterilization, without explicit consent by the parent.
To put it in perspective, the assumption that an individual has expressed her/his permission for an action to take place is denoted as Implied Consent Law. This is not expressed firmly but taken as a part of a process based on the actions of the individual. In simple speak, a person has not consented in written or verbal form, but because of circumstances, it is taken as a given that the person has agreed to the formula. One can use the example of drunk driving where the police officer can insist on a urine sample, a breathalyzer, and a blood test to gauge the alcohol level of the person driving.
Coercion is not Permissible
One cannot assume that sexual intercourse between two adults is always consenting. Penetrative sex, oral and anal is not always approved by the partner. In fact, rape can occur even with sex workers, LGBTQ communities because of hate crimes. Obviously, it does not mean that a date or a simple flirty gesture denotes implied consent. The law of the land stipulates that consent cannot be coerced. If a person has been forcibly made to comply with law enforcement, she/he can seek legal recourse.
At the end of the day, while implied consent does remain on point for various facets admissible under the law, it is wise to keep yourself well-read and ensure that you are not going down a strange rabbit hole.