If you have to ask odds are your grasp of body language means you should just directly ask to avoid any confusion.
While a nod/other overt ‘yes’ type body language is a valid way to express consent, something vague like flicking their hair could be interpreted any number of ways so doesn’t imply consent. Another way to do it is just ask “May I?” Before you escalate something (like moving from above the clothes touching to removing clothing, it has to be something where she knows exactly what you meant, otherwise ask out loud to clarify)
Legal wise the two cases I know of where implied consent applies are both from the perspective of a medic/firefighter:
A conscious competent person can withhold consent for treatment, including the guardian of a non-competent person.
A non competent person (for the purposes of consent) are assumed to imply consent when it can be assumed a reasonable person in their situation would want help. Ie someone being unconscious implies consent to help save their life, a baby automatically gets help even if they object (same for kids and mentally impaired including alcohol intoxication and things like secede schizophrenic episodes).
As you can tell none of those examples tell you much except who can/cannot verbally consent to something.
Implied consent is a grey area of the law. It can be argued two ways. It can be argued for her, saying that she may have given off signs you should have been able to detect. Or, it can be argued that it was her responsibility to say no. Both arguments have won in different cases. However, the general rule is that, if she does not expressly say yes, you should not proceed. The legal system works in unpredictable ways so the risk is not worth it. When I was in the military, implied consent did not apply. While UCMJ does not apply to civilians, it is a good structure because it is safer than most civilian laws. Be safe. Don't do it unless it is clear she says yes.
The only consent is the word "yes" or similar. There is no such thing as implied consent. That is making assumptions, and the assumption might be wrong!
Is a nod a yes?
About your update. If you stare at my boobs, could that be implied consent for me to kick you in the nuts, as I find what you are doing in offensive? It works both ways, if it works just one way!
Girls who make the first move are sexy
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What's Your Opinion? Sign Up Now!This is a real gray area, some people seem to think anything but verbal consent like 'can I kiss you now, can I touch your ass' is assault. But in the real world people don't do this, you get signals and you make a move and they can say no. I am fine with the latter, if they say no or push away or do anything that implies they're not into it then you don't do it. But no I don't think there's any universal signal for implied consent, consent isn't implied it is earned
You either get a verbal yes or don’t do it.
I didn't ask my girlfriend last night if she wanted sex, I just started to touch her and then we had sex. Did I rape her? I didn't get verbal consent
@someguy1987 ohhhh shiiiiiieeeettttttt *bites knuckle*
Just get them to say it so you're both on the same page
implied consent applies right up to the point she says no
no there isn't. the only form of conceivable consent is a written agreement signed before at least 5 witnesses and one civil law notary. if you didn't do that, it was definitely rape.
Fuck im short a notary and one witness im screwed
yup. better keep your ass close to a wall in future, cause you're going to jail.
Not a such thing. Consent must be verbalized.
Implied is not consent.
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