South Korean Woman Acquitted After 61 Years for Biting Off Attacker’s Tongue
A South Korean woman has been acquitted after a court revisited her decades-old conviction for biting off a man’s tongue during an alleged sexual assault. Choi Mal-ja, who was just 18 at the time of the incident, had been sentenced to 10 months in prison, while her attacker received a lighter sentence of six months. Following a lengthy campaign to clear her name, a retrial in Busan led to prosecutors apologizing and requesting the court to overturn her conviction, marking a significant moment in the fight for justice for victims of sexual violence.
Background of the Case
Choi Mal-ja’s case dates back to when she was a teenager in Gimhae, South Korea. During an attempted sexual assault, she was pinned to the ground by a 21-year-old man. In a desperate act of self-defense, she bit off approximately 1.5 centimeters of his tongue, which ultimately led to her conviction for grievous bodily harm. The court deemed her actions as exceeding the “reasonable bounds” of self-defense, resulting in a harsher sentence compared to her attacker, who was given a six-month suspended sentence for trespassing and intimidation. Notably, he was never charged with attempted rape, a decision that has sparked significant public outrage and debate regarding the treatment of sexual violence cases in South Korea.
Retrial and Acquittal
After years of advocacy and inspired by the global #MeToo movement, Choi sought to overturn her conviction. In 2018, she reached out to various advocacy groups, gathering evidence to support her claims of self-defense. Despite facing setbacks, including lower courts rejecting her petition due to a lack of evidence, Choi remained determined. Her perseverance paid off when the Supreme Court granted her application to reopen the case in December 2024. During the retrial, prosecutors acknowledged the injustices she faced and requested the court to quash her conviction. The court’s decision to acquit her marks a pivotal moment in her life and a potential turning point for other victims of sexual violence in South Korea.
Impact on Victims of Sexual Violence
Choi Mal-ja’s acquittal has resonated deeply within the community and among advocates for victims of sexual violence. Outside the court, supporters celebrated the verdict, holding placards that expressed their joy and solidarity. Choi expressed gratitude to her supporters and criticized those in power who she believes have abused their authority. The Korea Women’s Hotline, which supported her campaign, views this verdict as a significant step toward justice for victims. The group’s leader, Song Ran-hee, emphasized that this ruling could lead to a better understanding of women’s defensive actions as legitimate, potentially reducing the unjust suffering of women in similar situations.
Broader Implications for Legal Precedents
Choi’s case has been cited in legal textbooks as a critical example of the failure to recognize self-defense in sexual violence cases. Her acquittal may pave the way for future cases, as it highlights the need for a more nuanced understanding of self-defense in the context of sexual assault. There have been other instances in South Korea where women have bitten off the tongues of their attackers, and in those cases, the courts recognized their actions as legitimate self-defense. Choi’s story serves as a reminder of the ongoing struggle for justice and the importance of amplifying the voices of victims who have faced similar challenges.
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