Prison rape isn't a punch line

Occasionally, we even admit that prison rape is a quietly honored part of the punishment structure for criminals. When Enron's Ken Lay was sentenced to jail, for instance, Bill Lockyer, then the attorney general of California, spoke dreamily of his desire "to personally escort Lay to an 8-by-10 cell that he could share with a tattooed dude who says, 'Hi, my name is Spike, honey.' "

The culture is rife with similar comments. Although it would be unthinkable for the government today to institute corporal punishment in prisons, there is little or no outrage when the government interns prisoners in institutions where their fellow inmates will brutally violate them. We won't touch you, but we can't be held accountable for the behavior of Spike, now can we?

As our jokes and cultural products show, we can claim no ignorance. We know of the abuses, and we know of the rapes. Research by the University of South Dakota's Cindy Struckman-Johnson found that 20% of prisoners reported being coerced or pressured into sex, and 10% said they were violently raped. In a 2007 survey by the U.S. Department of Justice, more than 60,000 inmates claimed to have been sexually victimized by other inmates during the previous 12 months. Given the stigma around admitting such harms, the true numbers are probably substantially higher.

But by and large, we seem to find more humor than outrage in these crimes. In part, this simply reflects the nature of our criminal justice system, which has become decreasingly rehabilitative and increasingly retributive.

In the 1970s, as economist Glenn Loury has written, "the corrections system was commonly seen as a way to prepare offenders to rejoin society. Since then, the focus has shifted from rehabilitation to punishment and stayed there."

On the campaign trail, Mike Huckabee put it even more pithily. "We lock up a lot of people that we're mad at," he liked to say. "Not the ones we're really afraid of." Criminals aren't sent to prison so they can learn to live outside of prison; they're sent to prison to get what they deserve. And that paves the way for the acceptance of all manners of brutal abuses. It's not that we condone prison rape per se, but it doesn't exactly concern us, and occasionally, as in the comments made by Lockyer, we take a perverse satisfaction in its existence.