South Korean Court Mulls Overturning Conviction of Self-Defending Woman

Choi Mal-ja, who was unjustly convicted for defending herself against an attacker in 1964, sees hope for vindication as prosecutors apologize and seek to quash her conviction in a retrial influenced by the #MeToo movement.

 

Prosecutors in South Korea have issued an apology to Choi Mal-ja, a woman convicted for defending herself from a sexual assault over six decades ago. At the age of 18 in 1964, Ms. Choi was attacked and bit off part of her assailant’s tongue in her attempt to escape an alleged rape. In a retrial held in Busan, prosecutors acknowledged the wrongful conviction and requested the court to overturn her guilty verdict, which had resulted in a 10-month suspended prison sentence.

Now 78 years old, Ms. Choi has campaigned for justice, propelled by the resurgence of the #MeToo movement in South Korea. She expressed hope that her struggle would inspire a future free from sexual violence for young generations. The chief prosecutor, Jeong Myeong-won, extended a formal apology, recognizing the "indescribable pain" caused to Ms. Choi by the state.

A final ruling is anticipated on September 10, with many anticipating that the court will overturn the long-standing conviction. Outside the courtroom after the recent hearing, Ms. Choi embraced supporters and raised her fist in triumph, exclaiming, "We won!" Her case highlights systemic failures in the legal recognition of self-defense in sexual assault cases.

The incident, dating back to 1964, involved Ms. Choi being pinned down by a man who inserted his tongue into her mouth. While she was punished for causing him grievous bodily harm, her attacker received a lighter sentence for trespassing and intimidation, without facing charges for the attempted rape.

The public discourse surrounding Ms. Choi's case has gained momentum through organized activism and protests advocating for her cause. Following her initial unsuccessful petition in 2020—56 years post-attack—the Supreme Court ultimately allowed the retrial to proceed. In her recent remarks, Ms. Choi expressed disbelief but acknowledged the evolving judicial perspective on justice in South Korea.