A South Korean court is reconsidering the 61-year-old conviction of a woman for injuring a man while defending herself during a violent sexual assault.
Prosecutors at the Busan District Court issued a formal apology to 78-year-old Choi Mal Ja on Wednesday, saying that they had failed her legally and morally. They urged the court to overturn her 1964 conviction for inflicting serious injury by biting off a part of her attacker’s tongue as he allegedly tried to rape her.
“This was a justified defensive act. It was not excessive, nor was it unlawful,” Korea Times reported the prosecutors as saying. “We sincerely apologise to Choi Mal Ja, a victim of a sex crime who should have been protected as one.”
Choi, then a teenager, was assaulted by a 21-year-old man surnamed Noh who forced his tongue into her mouth after pinning her down in the southern town of Gimhae. In an effort to escape, she bit off about half an inch of his tongue.
Rather than being recognised as a survivor, Choi was charged with aggravated bodily harm and sentenced to 10 months in prison, suspended for two years. Her claim of self-defence was dismissed.
Her assailant was sentenced to just six months in prison, also suspended, for trespassing and threatening her with a weapon. He was never convicted of attempted rape.
The original prosecution had argued that Choi’s response to the attacker “exceeded the reasonable bounds of legally permissible self-defence”.
She was accused of causing permanent injury, though records showed that the attacker did not suffer a lasting disability. Prosecutors reportedly even tried to persuade her to marry him.
Choi later revealed that the litigation caused significant financial strain on her family and that the assailant continued harassing them during the proceedings. She lived for decades with the stigma of a criminal record while he avoided public scrutiny.
“For 61 years, the state made me live as a criminal,” Choi said outside the court on Wednesday. “If I have any hope or dream left, it is that future generations will live in a world free of sexual violence.”
After South Korea's MeToo movement gained ground, Choi was inspired to demand a retrial in 2020.
Her initial petition in 2020 was rejected, with the Busan court citing lack of "clear evidence" and arguing that social and cultural shifts alone did not justify overturning the ruling.
She appealed to the Supreme Court, which, in December 2023, ordered the case to be reopened.
In February this year, the Busan High Court upheld Choi’s appeal, paving the way for a retrial.
In court, Busan’s chief prosecutor Jeong Myeong Won said: “We have caused Choi Mal Ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony.”
Choi’s lawyer argued the 1964 order was a miscarriage of justice even by the standards of that time.
“This is not about evolving social values. This was a wrongful judgment from the start,” the counsel said.
The final ruling is scheduled for 10 September.
Legal observers expect the court to acquit Choi.
Outside the courtroom on Wednesday, Choi raised her fist and declared: “We won!”
She embraced campaigners and supporters from civic groups who had rallied behind her.
