implied consent
The term "implied consent" is often used in legal and medical contexts to describe situations where consent is not explicitly given but is inferred from actions, behavior, or circumstances.
Definition
C1General
(legal, medical)Assumed permission inferred from a person's actions, behavior, or circumstances, rather than explicitly stated.
Example
- By showing up for the vaccination, the patient gave implied consent to the procedure.
- Driving on public roads implies consent to chemical testing for alcohol if requested by law enforcement.
B2Medical Care
(emergency, routine)Permission assumed for medical treatment when a patient is unable to give explicit consent, such as in emergencies or routine procedures.
Example
- In an emergency, doctors often rely on implied consent to perform life-saving surgery.
C1Criminal Law
(historical, controversial)Historically used to infer consent in cases involving sexual activity based on actions or circumstances, but now largely rejected in favor of requiring explicit consent.
Example
- Courts now reject the notion that wearing certain clothing can imply consent.
C1Court Procedure
(legal)Assumed waiver of rights if objections are not raised in a timely manner during legal proceedings.
Example
- Failing to object to a question during trial may be seen as implied consent to its appropriateness.