This article aligns two complementary claims: that sexual penetration should be considered a wrong and that consent requires express words and conduct that manifest a person’s willingness or acquiescence towards the specific act. If sexual penetration is a wrong, it will only be justified if there are reasons that permit the action and if these were the ones that the defendant acted on. A person’s internal attitude of willingness or acquiescence towards the specific act can provide the necessary guiding reasons (...) to justify the wrong. However, words and conduct that manifest or express this internal attitude are also needed in order to provide the applicable explanatory reasons to justify the wrong. Alternatively, expressive consent can excuse the wrong by justifying the defendant’s mistake as to the applicable guiding reasons. Without the requirement of expressive consent, the criminal law is unable to capture the culpability of defendants whose deliberation over the use of force on another person did not include the other person’s expression of willingness to engage in a penetrative sexual act. (shrink)

The topic of this article is the ontology of practical reasons. We draw a critical comparison between two views. According to the first, practical reasons are states of affairs; according to the second, they are propositions. We first isolate and spell out in detail certain objections to the second view that can be found only in embryonic form in the literature – in particular, in the work of Jonathan Dancy. Next, we sketch possible ways in which one might respond to (...) each one of these objections. A careful evaluation of these complaints and responses, we argue, shows that the first view is not as obviously compelling as it is thought by Dancy. Indeed, it turns out that the view that practical reasons are propositions is by no means unworkable and in fact, at least under certain assumptions, explicit considerations can be made in favour of a propositional construal of reasons. (shrink)