Hang on, I got it… women who drink give their “implicit consent” to having sex with anyone. There, problem solved!
Consent is the absolute bare minimum criterion for social interactions. Therefore, any concept that tries to dilute or trivialize consent is coercive by definition. The concept of “implied consent” is one I’ve recently discovered. I’ve never heard of such a concept, but it is an actual legal concept used to prosecute individuals.
It seems to be mostly used to prosecute drivers who refuse to take alcohol tests. Here is one example:
Section 724.011 of the Texas State Transportation Code states that anyone who is arrested for Texas DWI “is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person’s breath or blood for analysis to determine the alcohol concentration or the presence in the person’s body of a controlled substance, drug, dangerous drug, or other substance.” Basically, whenever you stick your keys in your ignition and start your car, you are consenting to take an alcohol or drug test if a police officer deems it necessary.
But it can also be applied to other actions:
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. This doctrine is now considered obsolete in most countries.
Nice way to put it, “obsolete.” The use of words here is so blatant that I can’t even believe it! That can’t possibly have been on purpose (or could it?).
Anyhow, the principle here is that by doing one action, we are giving some unrelated form of “consent”. And unrelated they must be, otherwise we wouldn’t call it “implicit.” Starting your car is not a signal of consent to submitting to a breath test. Getting married to someone is not a signal of consent to having sex with them at any time. There is no communication in either case that the act was agreed upon.
But even if there was, consent cannot be given prospectively. Saying you will have sex with someone at any time, and then not wanting to have sex with them and still being forced to do so, is rape. Saying you will submit to any breath test in the future, and then refusing to take one, is absolutely your right, legal doctrine notwithstanding.
The argument mounted by the statists would probably be around the lines of “driving is a privilege, not a right, so you have to submit to the State’s restrictions in the name of everyone’s security.” Well, I would disagree that driving is not a right, given that the vast majority of the population needs to drive to get to work or to buy necessities. So that’s out the window.
But besides that, even if we assume for the sake of the argument that driving is a privilege, there is still no link between that and “implied consent,” which is a contradiction in terms. One may argue that the State should impose restrictions on driving, but one cannot argue that “implied consent” justifies them. Either consent is present or it is not, and in the latter case one can only provide justification by appealing to the virtues of authoritarianism. That, at least, would be honest.
People who accept this concept of “implicit consent” become so intellectually depraved that they start making up “degrees of consent,” such as in this diagram from a paper called The Scale of Consent:
So now you give your consent simply by existing in a society which has a tradition of doing something, say… honor killings, or female genital mutilation. Sorry you happened to be born in a society where these things are promoted, but you gave your consent by being born! You didn’t consent to being born either, but there you were, a sexy little fetus, just asking for it… Let’s face it, you deserved it.
I bring up rape not just to be glib, but also because it is very much the end point of this slippery slope. Here is one example from an antifeminist arguing that “implied consent” justifies rape:
Teach young women what the words implied consent mean. If you leave the keys in the ignition of your car, the law takes that as your implied consent to have people steal your car. We’re working on teaching people NOT to steal cars, but so far, no luck.
If you get really trashed, start making out with a man, go to his room, remove your clothes, then change your mind AND DON’T SAY ANYTHING, you have implied consent. Claiming you were “paralyzed with fear” is bullshit. If you have changed your mind, you have to SAY that. Otherwise your actions have implied consent. You can’t wake up the next day and decide you were raped.
You may complain that her reasoning is flawed, but how is it any different from other cases of “implied consent”? Objectively, there is no more relation between getting drunk or making out with someone and agreeing to sex than there is between putting your keys in the ignition and agreeing to take a breath test.
Taken to its logical conclusion, we must conclude that any crime can potentially be justified by some kind of “implicit consent.” Being in a gang could be “implied consent” to be murdered. Walking outside at night could be “implied consent” to getting kidnapped. There is really no inherent limit here.
We can also apply this “reasoning” to other radical ideologies. Atheists “implicitly consent” to a traditional religion by being born in that tradition. Anarchists “implicitly consent” to a State by being born within its borders and using its services. Antinatalists “implicitly consent” to being subjected to life’s down sides because they are alive. All of this is pure illogical nonsense, but such “reasoning” is always used, in some form or other.