SEOUL, December 20 (AJP) - Nearly 60 years after being convicted for biting off the tongue of a man who tried to assault her, Choi Mal-ja, now 78, has won the right to a retrial in a case that has long symbolized systemic injustice in South Korea’s legal treatment of sexual violence.
At 18 in 1964, Choi resisted an attempted sexual assault by a 21-year-old man, identified only by his surname, Noh. During the struggle, she bit off approximately 1.5 centimeters of his tongue.
Prosecutors charged her with causing grievous bodily harm. In 1965, she was sentenced to 10 months in prison, suspended for two years. The court ruled that her actions had exceeded the bounds of self-defense.
Noh, in contrast, was charged with illegal entry into Choi’s home but not attempted rape. He received a lighter sentence of six months in prison, also suspended for two years.
This case has long been cited by scholars and legal reform advocates as emblematic of how the South Korean justice system has historically failed to protect victims of sexual violence. It is also often cited as a case study on the limits of self-defense, a glaring example of the legal system’s failure to recognize legitimate self-defense by victims of sexual violence.
In 2020, Choi filed for a retrial, arguing that the original investigation had been marred by prosecutorial misconduct, including her illegal detention. Lower courts dismissed her petition, citing insufficient evidence to support her claims or overturn her conviction.
The Supreme Court, however, overturned the lower courts’ decisions on Dec. 16, sending the case back to the Busan High Court for reconsideration.
The Supreme Court noted that Choi had likely been held illegally for nearly two months before an arrest warrant was issued - a claim she has consistently maintained for decades. “Her testimony about illegal detention is credible,” the court said in a statement, adding that lower courts failed to properly investigate her allegations.
The top court also described the earlier rulings as inadequate, saying that a retrial is a “necessary mechanism for addressing significant flaws in criminal convictions.” It underscored the importance of thoroughly examining allegations of misconduct, particularly in cases where legal outcomes have lasting societal implications.
Legal experts say the retrial could offer a chance to rectify a decades-old injustice. Should the court find that Choi’s actions fell within the bounds of legitimate self-defense, it would mark a significant moment for the South Korean justice system.
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