Prison rape : is it okay to make jokes about rape in prison?

The trivialisation of sexual violence through what passes as humour is much less common than it once was. Jokes about rape are not innocent, are not harmless fun, are not unconnected to the horrible crime they make light of. Their gradual marginalisation represents social change of real importance. But there is one last refuge of the rape joke in mainstream popular culture, and its continued presence reflects a shameful blind spot in our society. It is a joke which conceals a horrible and damaging reality which is somehow both a taboo topic and a truth universally acknowledged.

A picture that circulated widely on Facebook and other social media last year captures the horror in the humour. It is a picture of a man’s back, decorated with a huge image of an alluring, naked woman, with the man’s buttocks marked to look like breasts. The caption: This man had what he thought was the best tattoo in the world . . . until he went to prison. How can a gag about a man being anally raped while in prison be widely popular, seen as funny, a giggle to share? Were the prospective victim a child or a woman, or were the rape in almost any other setting, the reaction would surely be revulsion and anger. Jail rape, though, somehow remains funny.

The chaotic state of the law of rape in Victoria: a mandate for reform

This article is intended as a final commentary and sequel to two earlier articles in this journal that have examined the arcane and circular wording of s. 37AA of the Crimes Act 1958 (Vic) and its patent incompatibility with ss 36 and 38 of that Act that define the elements of rape. In particular, this article will revisit many of the essential points raised in the first two articles in order to afford readers with an appropriate backdrop against which the Victorian Court of Appeal’s decision in GC v The Queen will be examined. The article concludes with a strenuous recommendation that s. 37AA be repealed or substantially amended in order to comport with ss 36 and 38 as well as the Court of Appeal’s decision in NT v The Queen that significantly reshaped the Morgan principle.