In this chapter, we will explain and defend our approach to thinking about the criminal law’s response to sexual penetration. This will involve us making the following four claims:

1 Engaging in sexual penetration calls for justification. 2 The penetrated person’s consent does not fully justify sexual penetration. 3 The penetrated person’s consent plus other reasons (i.e. reasons in favour

of engaging in sexual penetration) can justify sexual penetration. 4 In any given social context, if sexual penetrators are typically justified in

engaging in sexual penetration, then sexual penetration per se should not be prohibited in that society; however, if sexual penetration typically is not justified in a given social context, then the penetration itself becomes a proper target for prohibition.