Prosecutors in South Korea have apologized to a woman who was convicted for defending herself during a violent sexual assault more than six decades ago.
Choi Mal-ja, now 78, was just 18 years old in 1964 when she bit off part of a man’s tongue as he allegedly tried to rape her. Despite being the victim, she was sentenced to 10 months in prison, suspended for two years, for causing him grievous bodily harm.
The attacker, 21 at the time, had pinned her to the ground in Gimhae and forced his tongue into her mouth. Choi bit off 1.5cm (0.59in) of his tongue to escape.
He received a lighter sentence—six months in prison, also suspended for two years—for trespassing and intimidation. He was never convicted of attempted rape.
The court ruled at the time that Choi’s actions had exceeded the “reasonable bounds” of self-defence.
On Wednesday, during a retrial in Busan, prosecutors acknowledged their failure and asked the court to quash the verdict. “We sincerely apologise,” said Busan’s Chief Prosecutor Jeong Myeong-won.
“We have caused Choi Mal-ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony.”
Choi told reporters outside the court: “For 61 years, the state made me live as a criminal. I hope future generations can live a happy life free from sexual violence.”
Her campaign for justice, revived by South Korea’s #MeToo movement, began with a petition in 2020. Though initially rejected, the Supreme Court in 2023 ruled she was entitled to a retrial.
Choi’s case has long been cited in South Korean legal textbooks as a striking example of the justice system failing to recognize legitimate self-defence in cases of sexual violence.
After the hearing, Choi raised her fist outside the courtroom and said: “We won!” She then embraced supporters from civic organisations.
Speaking to Korea JoongAng Daily, she said: “I still can’t believe it. But if the prosecution is admitting its mistake even now, then I believe justice is alive in this country.”
A final ruling is scheduled for 10 September, with many legal experts expecting the court to formally overturn her conviction.
(BBC)
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