PTBC California Law Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

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Question: 1 / 400

What is assumed about a patient, client, or customer's ability to consent to sexual activity with a licentiate?

They are able to give consent if they verbalize it

They are conclusively presumed to be incapable of giving free, full, and informed consent

This is because the question is referring to a specific legal term, "licentiate", which means a person who holds a license or formal authorization to do something. In this context, "licentiate" likely refers to a licensed medical professional. This means that the assumption being made is that the patient, client, or customer is not mentally or legally capable of giving free, full, and informed consent. Option A is incorrect because verbal consent alone is not enough in this situation. Option C is incorrect because written consent also does not necessarily prove the person was capable of giving consent. Option D is incorrect because the absence of objection does not necessarily equate to consent, especially in situations where the person may not be capable of understanding or expressing their consent.

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They can give consent if it's documented in writing

Consent is assumed if there is no objection

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