states however do not offer leniency to perpetrators of spousal rape. In State v. Smith 1981 in New Jersey one of the concurring opinions states, "The statute has never contained any exception or exemption. I would construe it to mean exactly what it says and would hold that a husband who had carnal knowledge of his wife forcibly and against her will was guilty of rape." This case affirmed that rape can still take place while a marriage is still ongoing. Similarly in People vs. Liberta 1984 in New York, the opinion states about the Marriage Exception, "This statement is an apt characterization of the marital exemption; it lacks a rational basis, and therefore violates the equal protection clauses of both the Federal and State Constitutions" Medical care First aid In the United States, if a person is at risk of death or injury but unconscious or otherwise unable to respond, other people including members of the public and paramedics may assume implied consent to touch the person to provide first aid. Many states have Good Samaritan laws that protect persons giving aid from legal liability, but the type of persons (laypeople versus healthcare professionals) and the amount of protection varies. Reproductive healthcare Studies have indicated that implied consent is questionable due to the value patients place on being informed on even the simplest procedures being done to them. There are varying events where implied consent can be seen in reproductive healthcare. An example of implied consent being utilized is when complication arise during routine childbirth and actions need to be taken in order to help the mother and fetus. If complications arise during a natural delivery, an emergency cesarean delivery may be performed, even if the mother had previously rejected the option. However this can only occur if the life of the mother or fetus is in danger. Implied consent is narrow in that "intervention must be necessary, not merely convenient." Implied consent in law indicates that "medical necessity requires a genuine perception of emergency, and a reasonable response." Some doctors have tried to claim implied consent in the sterilization of women belonging to ethnic minority groups in Europe. This then led to the formation of laws concerning human rights by international treaties and national legislatures that state consent must be given freely by the person in regards to their sterilization. Organ donation Some countries have legislation allowing for