Levels of Consent
- Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). Best Practices indicates to avoid instances of implied consent.
- Express consent is clearly and unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, e.g. by a clear gesture such as a nod. Non-written express consent not evidenced by witnesses or an audio or video recording may be disputed if a party denies that it was given.
- Informed consent in medicine is consent given by a person who has a clear appreciation and understanding of the facts, implications, and future consequences of an action. The term is also used in other contexts.
- Unanimous consent, or general consent, by a group of several parties (e.g., an association) is consent given by all parties.
- Was the behavior in the context of a negotiated scene?
- Is this is a negotiated hard limit violation? Was the house safeword ignored?
- Are there any witnesses to the negotiation? To the scene? To the Interaction?
- Did you tell the person that they violated your consent? If not, why not?
- Would you like the opportunity to discuss this with a third party present with the accused? If not, why not?
- What would you like to see done to help ensure this doesn't happen again?
- Is there anything we can do to make you feel more comfortable?
- Make available an opportunity for them to speak with you and air the greivance either publicly, privately and possibly with a third party mediator to protect those involved.
- Verbalize what has been done wrong as you understand it.
- Make an immediate genuine apology for any wrongdoing.
- Make reasonable efforts to do right by them and correct any harm inflicted.
- Make serious learning efforts concerning methods and techniques of how to not repeat that behavior in the future.