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The Guardian - AU
The Guardian - AU
World
Raphael Rashid in Seoul

Apology for South Korean woman convicted of biting off tongue of alleged attacker 61 years ago

Choi Mal-ja, who was convicted 61 years ago for biting off the tongue of a man alleged to have attacked her, celebrates after receiving an apology from prosecutors during her retrial in South Korea.
Choi Mal-ja, who was convicted 61 years ago for biting off the tongue of a man alleged to have attacked her, celebrates after receiving an apology from prosecutors during her retrial in South Korea. Photograph: YONHAP/AFP/Getty Images

A woman who bit off part of a man’s tongue during an alleged sexual assault more than 60 years ago has received a formal apology from South Korean prosecutors, as they sought her acquittal during a retrial after decades of living as a convicted criminal.

Choi Mal-ja, now 80, was 18 when she bit the tongue of a 21-year-old man who she said was attempting to rape her in Busan, South Korea’s second-largest city.

She was convicted of “aggravated bodily injury” for biting off 1.5cm of his tongue in self-defence and sentenced to 10 months in prison, suspended for two years. Her alleged attacker received a lighter sentence for trespassing and intimidation after prosecutors dropped the attempted rape charges against him.

Senior prosecutor Jeong Myeong-won personally attended the first and only day of Choi’s retrial on Wednesday and addressed her by name rather than as “defendant”.

“The prosecution failed in its role and went in the opposite direction,” he said. “We caused immeasurable pain and suffering to Ms Choi Mal-ja, who should have been protected as a sexual violence victim. We deeply apologise.”

In her final court statement, Choi said: “I have lived 61 years as a criminal. My hope and dream now is that Korea will make laws so our descendants can live with their human rights protected in a world without sexual violence.”

During proceedings, the prosecution asked the court to clear her of the past conviction.

After the hearing, Choi emerged from Busan district court with her fist raised, shouting three times: “We won!”

Her case has became a symbol for many who accuse South Korea’s justice system of historically failing sexual assault survivors.

Choi first filed for retrial in 2020 after being inspired by a university class on gender studies as a mature student and was emboldened by the global #MeToo movement.

She argued she had been illegally detained for six months without a proper warrant. Lower courts rejected her request for a retrial, saying the case reflected circumstances of the time. The supreme court overturned those rejections in December, allowing the retrial to proceed.

The case received support throughout from the Korean Women’s Hot-Line (KWHL), a women’s rights group that supports victims of gender-based violence. While Choi has received an apology, the final verdict on the retrial itself is not expected until 10 September.

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