South Korea's Legal System Reflects on 1964 Conviction of Woman Who Defended Herself from Sexual Assault

After 61 years of being branded a criminal for biting her attacker during an assault, Choi Mal-ja has received an apology from South Korean prosecutors, prompting a retrial. Advocates hope her case will lead to a legal recognition of self-defense in similar circumstances.

In a poignant case reflecting changes in societal norms around sexual violence and self-defense, South Korean prosecutors have issued a formal apology to Choi Mal-ja, a woman wrongfully convicted for defending herself during a sexual assault in 1964. Choi, who was just 18 years old at the time, was sentenced to 10 months in prison—suspended for two years—for biting off a portion of her attacker's tongue in an act of self-defense. The assailant had forced his tongue into her mouth while assaulting her in the southern city of Gimhae.

After decades of carrying the weight of a criminal conviction, 78-year-old Choi has fought valiantly, inspired by the #MeToo movement to seek justice. On Wednesday, during her retrial in Busan, prosecutors expressed regret over her conviction and requested the court to overturn it. Choi spoke out about the pain she has endured, stating, "For 61 years, the state made me live as a criminal," and expressed hope that future generations could live free from such violence.

The incident, which led to a sentence lighter for her attacker—who served six months for lesser charges—has since been recognized in legal discussions as a profound failure to acknowledge self-defense. At the beginning of the trial, Chief Prosecutor Jeong Myeong-won acknowledged the state's shortcomings, admitting, "We have caused [Choi] indescribable pain and agony."

Choi's journey to overturn her conviction gathered momentum in recent years, especially after she reached out to advocacy groups inspired by their activism. Although her initial petition for a retrial, filed in 2020, was denied, the South Korean Supreme Court eventually ruled that her case warranted further consideration. During this week's hearing, she exuberantly proclaimed, "We won!" as she celebrated with supporters.

With a final ruling expected on September 10, legal experts are optimistic that the court will correct this long-standing injustice. Choi’s battle has resonated throughout South Korea, symbolizing a pivotal moment in the ongoing discourse surrounding women's rights, sexual violence, and the legal system's treatment of victims. She remarked, "If the prosecution is admitting its mistake even now, then I believe justice is alive in this country."