Understanding Implied Consent in General
Implied consent is a concept that falls under criminal law. In order to understand what implied consent is, it is better to define the general term first – consent. The word consent is defined as a person or group of person’s agreement to a proposition. It is usually in the verbal or written form. Aside from implied consent, there are many other concepts that are associated with consent. The more common ones are as follows: legal consent, parental consent, express consent, qualified consent, mutual consent, and limited consent. A person who gives his or her consent to anything means that he or she is agreeing to the terms or conditions that may come with the proposition being talked about. But specifically, implied consent, as an independent concept, refers to the agreement of a person to a proposition which may not necessarily be in spoken or written form. At times, an agreement or assent is referred to as implied consent upon silence or inaction of the person or party involved. In some countries, the idea of implied consent is not considered legal or valid especially when it is being used as a person’s defense against a criminal lawsuit. This is because this concept is usually a product of an offender’s assumption on things and how certain situations have transpired. Implied consent is often connected with criminal cases like rape. Many people who are being prosecuted for rape often use the concept as their alibi for committing the crime. This usually happens in cases of married individuals. There are laws that prohibit the prosecution or conviction of an offender when the sexual act happened between legally married couples. There are also some cases where the concept is used like when a victim claims that men took advantage of her because she was drunk.