Legal Definitions - implied assertion

An implied assertion refers to an action or non-verbal conduct that a person *intends* to communicate a specific fact, belief, or message, even without speaking or writing it directly. In legal settings, particularly concerning rules of evidence like hearsay, such conduct can be treated as a "statement" if it was performed with the deliberate purpose of conveying information. The crucial element is the actor's intent to assert something through their actions rather than merely behaving in a way from which an inference could be drawn.

• Example 1: Identifying a Suspect

  Imagine a witness to a car theft who is unable to speak due to shock. When police show them a series of photographs of potential suspects, the witness firmly taps on one specific photo with their finger.

  Explanation: By tapping on the photograph, the witness is clearly *intending* to communicate the message: "That is the person I saw steal the car." Even though no words were spoken, the gesture serves as a direct, non-verbal assertion of identification.

• Example 2: Responding to a Question

  During a police interview, an elderly person with hearing difficulties is asked, "Did you see anyone suspicious near the house last night?" Instead of speaking, the person slowly shakes their head from side to side.

  Explanation: The act of shaking one's head is a universally recognized gesture *intended* to communicate "no" or "I did not." The person is asserting that they did not see anyone suspicious, without uttering any words.

• Example 3: Conveying a Message Through Symbolic Action

  A homeowner discovers a significant crack in their foundation. Instead of calling the builder, they take a large, clear photograph of the crack, print it, and mail it to the builder's office without any accompanying letter or note.

  Explanation: By sending the photograph of the crack, the homeowner is *intending* to assert that there is a serious problem with the foundation that requires the builder's attention. The photograph itself, sent without explanation, is meant to convey the message of damage and a need for action.