Forced Haircut: Implied Consent Law In a Hair Salon

Hair is a defining characteristic that is important to practically everyone. Even for those lacking hair, the specific style everyone uses becomes a part of their unique personal identity. For most people, the importance of our hair can make changes and salon visits stressful. Salons can give us fears and anxiety related to change. Since salons are common businesses, entering one implies consent for a haircut. Implied consent law represents a particularly unique facet of the legal system. Randomly forced haircuts without consent catch people off guard. Unfortunately, the woman in the viral video below experienced exactly that.

What is Implied Consent Law? 

Implied consent law is a unique field of law that outlines the liabilities surrounding agreements given without express authorization. Implied consent occurs when someone allows something without explicit permission. It can take the form of body gestures, situational circumstances, or even inaction. 

Implicit consent is much more variable than explicit consent, which you express through a handshake, oral agreement, or written document. Like all forms of consent, it must follow typical consent law rules:

• Implied consent requires someone who can validly agree to give it. Someone who is under the influence or compromised in some fashion cannot technically give implied consent. 
• Someone can revoke the consent at any time for any reason. As long as no other binding agreements exist, a party can revoke implicit consent by stating so.
• Implicit consent cannot be coerced, forced, or threatened by someone. Someone acting under the force or will of another cannot, by definition, give implicit consent. 

In most situations, implied consent takes the form of situational risks. For instance, someone who uses a gym would reasonably understand that they may be at risk of injuries from heavy machinery. Likewise, people watching a baseball game are reasonably aware that a rogue ball may hit the stadium or parking lot. 

Most consent-driven situations will require a written contract to avoid the intricacies of implied consent law. 

Forced Haircuts: Can They Be Considered Assault?

Though it may sound outlandish, forced haircuts are surprisingly common. Numerous incidents have occurred in which people sneakily cut others’ hair without their consent. These forced haircuts are punishable by law, but where do they fall legally? 

In one famous British court case, a woman had a forced haircut from her ex-boyfriend. The court system had some long debates over the state of the case. While a magistrate had refused to charge the boyfriend with assault, some judges overseeing the cases stated the importance of hair. Although the case didn’t end in a successful conviction, it showed that people across the world are starting to view forced haircuts as assaults. 

In American cases, laws tend to be stricter regarding forced haircuts. When people have had their hair cut unwillingly, attackers typically face charges for some form of assault or battery.

Forced haircuts are relatively rare in terms of small crimes against others. Their taxonomy amongst implicit consent law can be vague. Colloquially, most people argue that forced haircuts should result in assault charges since they can be viewed as threats or attacks on one’s body. Others argue that forced haircuts should fall under battery charges, as they are forms of unwanted contact. 

Regardless of their specific legal state in American law, forced haircuts are certainly some form of assault or battery. 

Viral Forced Haircut Video 

The video of a forced haircut shows a salon worker walking up to a coworker’s back while holding a pair of scissors. The coworker appears to be talking to someone at the front desk, unaware of the salon worker’s presence. 

Sneakily, the salon worker cuts off the ends of her coworker’s hair. The video captions it with, “POV: Your coworker won’t let go of those last 3 inches.”

Watching this video with the ideas of implied consent law in mind, it is clear that the woman in the video had not given her coworker permission to cut her hair. Although they are in a place that implies haircutting, a worker is highly unlikely to expect someone to cut their hair, especially while standing and talking to a colleague.

The video is a prime example of how forced haircuts don’t fall under implied consent law, even if they occur in places or situations where implied consent would otherwise be present.