Posts tagged with: Prison Rape Elimination Act

prison-rape-ad“Prison rape occupies a fairly odd space in our culture,” wrote Ezra Klein in 2008, bringing to the fore a subject that is still too often ignored. “It is, all at once, a cherished source of humor, a tacitly accepted form of punishment, and a broadly understood human rights abuse.”

We are justifiably outraged by the human rights abuses occurring in foreign lands. Why then are we not more outraged by atrocities here in our own country? Our reactions to the problem range from smirking indifference to embarrassed silence. But how can we be indifferent and silent when, as reports by the National Prison Rape Commission continue to show, rape and other forms of sexual assault are becoming endemic to our prison system?

In 2004 the corrections industry estimated that 12,000 rapes occurred per year—more than the annual number of rapes reported in Los Angeles, Chicago and New York combined. Three years later a survey by the U.S. Department of Justice found that more than 60,000 inmates claimed to have been sexually victimized by prison guards or other inmates during the previous 12 months.
(more…)

Blog author: jballor
posted by on Wednesday, February 2, 2011

Yesterday I noted some items related to the question of punishment and restorative justice in the American criminal justice system. And in the past we’ve looked here at the PowerBlog of the issues surrounding political and social activism on prison rape.

Now today Joe Carter, web editor at First Things, considers the Prison Rape Elimination Act and the broader cultural attitudes toward prison rape:

While such laws are a useful beginning, what is needed more than any legislation is a change in attitude by the American public. While jokes about conventional rape are always considered in bad taste, humor about prison rape is common and broadly accepted.

Joe makes an important case, and it is worth serious consideration. Given his position on water boarding and torture more generally, I’m sure that Joe agrees with what I’ve written previously on this issue: “Inmates are still people, and therefore need to be treated as such, with all the challenges and potential that face all human persons.” One of the things it means to treat someone with the dignity they deserve as a human being is to not subject them to conditions where the threat of rape is rampant.

With regard to the relationship between humor and prison rape, Joe is right to point to the double standard. One commenter on one of my previous posts contended, however, that “I don’t think the vast majority of people who joke or threaten about prison rape are seriously indifferent to it when it comes to making real decisions about the penal system. Instead, I think they are simply pointing out one of the ugly realities of any penal system.” You can judge for yourself the accuracy of that claim.



But I wonder too whether one aspect of why prison rape humor is so relatively prevalent in our culture is that, as Joe has noted in his always worthwhile 33 Things, comedy has something to do with “making immoral behavior seem harmless.” In this sense, then, the danger isn’t that humor about making prison rape seem moral, but rather that it makes prison rape seem inconsequential or “benign.”