[1] Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension.
[3] In 2016, People v. Arredondo, the California Courts of appeals debated whether authorities could seize an unwarranted blood sample from an unconscious person suspected of driving under the influence without offending the Fourth Amendment's guarantee against unreasonable searches or seizures.
During this process it is possible that, "courts examine objective evidence of the woman's state of mind, such as her behavior during the alleged rape and her character in general.
[13] Common law rape has generally been defined as "the act of a man having unlawful carnal knowledge of a female over the age of ten years by force without the consent and against the will of the victim.
In other words, "submission to a compelling force, or as a result of being put in fear, is not consent" [16] since it has been proven that non-resistance or compliance with an attacker's request is a way to protect oneself from additional and often more severe abuse.
[16] As a tactic for survival, rape counselors advise women to "do whatever is necessary to protect themselves from physical injury and to save their lives" in a threatening situation.
[17] In many common law jurisdictions, a couple who married were deemed to have given "implied consent" to have sex with each other, a doctrine which barred prosecution of a spouse for rape.
[20] In the 1984 Virginia Supreme Court case Weishaupt v. Commonwealth, it states that "[A] wife can unilaterally revoke her implied consent to marital sex where ... *292 she has made manifest her intent to terminate the marital relationship by living separate and apart from her husband; refraining from voluntary sexual intercourse with her husband; and, in light of all the circumstances, conducting herself in a manner that establishes a de facto end to the marriage.
Similar to Idaho, South Carolina State legislature only considers spousal sexual battery as a felony if "accomplished through use of aggravated force.
Studies have indicated that implied consent is questionable due to the value patients place on being informed on even the simplest procedures being done to them.
An example of implied consent being utilized is when complication arise during routine childbirth and actions need to be taken in order to help the mother and fetus.
"[31] Implied consent in law indicates that "medical necessity requires a genuine perception of emergency, and a reasonable response.
This then led to the formation of laws concerning human rights by international treaties and national legislatures that state consent must be given freely by the person in regards to their sterilization.