You may rightfully have Tosh fatigue, but in case you missed it: During a live show, Tosh asked what people wanted him to talk about and an ardent fan yelled "Rape!" Tosh then proceeded to go on about how rape is always funny, until another audience member yelled out, "Actually, rape jokes are never funny!" Tosh paused before following up with, "Wouldn't it be funny if that girl got raped by like, 5 guys right now? Like right now? What if a bunch of guys just raped her..." Anyone who has previously been exposed to Tosh knows this is not surprising. She was asking for it.
News articles, TV programs, Tweets, sympathizers and objectors abound. He's a good guy, just misunderstood. Tosh has the right to free speech. Objectors are humourless and oppressive. Maybe this is how you feel. Or your boyfriend, your daughter, your son or husband. This would be the "lighten-up/free-speech" defense.
There are times when jokes, told by the right person in the right way, are taboo-breaking and revolutionary. Consider, for example, George Carlin or Chris Rock or Wanda Sykes (check out "Rape Jokes Supercut: I Can't Believe You Clapped for That"). But, those are few and far between. It was certainly not the case with Daniel Tosh. What he did was just a dumb exercise of privilege and power. No subversive satire challenging assumptions. No brilliant dismantling of culture. This was just a straight down the line rape-for-good-old-rape's sake. It's safe to say that most rape jokes are like this and are not being told by incisive comedic geniuses with a keen sense of social justice. The problem with rape jokes is that men like Tosh tell rape jokes like he did (some argue instead of jokes like these) to millions of 13 year olds. The problem with rape jokes is that the objector, and not the guy who yelled "Rape!", walked out of the show.
Tosh's response to the objecting audience member was dismissive and demeaning. It translated into "Shut your mouth, woman, because we can always do it for you if you don't." Women, and men with empathy, don't find that funny. It didn't pointedly reveal anything about the reality of how rape works to control and oppress women. In this way it normalized and perpetuated a culture in which the silencing and degradation of women is not only tolerated, but fun. The way racist blackface humour was fun. Today's rape jokes are no different from yesterday's lynching jokes. It's just that overt racism is not acceptable, while misogyny and sexism are still celebrated.