78-year-old Choi Mal-ja, who had been convicted 61 years ago for biting the tongue of a man who attempted to sexually assault her, was acquitted in a retrial. (Image courtesy of Yonhap)
BUSAN, Sept. 10 (Korea Bizwire) — On a spring evening in 1964, an 18-year-old farm girl fought back against a man who tried to assault her in a desolate field near her home. She was small, he was strong, and escape seemed impossible. Desperate, she did the only thing she could: when he forced a kiss on her, she bit down on his tongue.
That act of resistance would haunt Choi Mal-ja for the next six decades. Instead of being recognized as a victim, she was charged with causing grievous bodily harm and handed a suspended prison sentence, while her attacker was spared the charge of attempted rape. The case, tried in the mid-1960s, reflected a justice system shaped by gender bias and social prejudice.
On Wednesday, in the same city where she was once condemned, Choi finally heard the words she had waited 61 years to hear: not guilty.
The Busan District Court ruled that Choi’s actions amounted to legitimate self-defense. The judges noted the circumstances she faced: a teenage girl, isolated in fields 150 meters from her home, confronted by a man with a larger build who forced himself on her. Fighting him off or fleeing was implausible, they said, making her act of biting his tongue a reasonable effort to protect herself.
Convicted in 1965 for resisting sexual assault, Choi Mal-ja is finally acquitted in a landmark ruling that recognizes her act as self-defense — and redefines justice for survivors. (Yonhap)
A Wrong Righted
The ruling was historic: it was the first time in South Korea that a retrial has recognized self-defense in a sexual assault case.
For Choi, it was also deeply personal. Supporters packed the courtroom, erupting in cheers and applause when the verdict was read. Outside, she raised her voice — cracked with age but firm in conviction — and declared, “Choi Mal-ja has won.”
At a later press conference, she grew emotional. “People told me it was like throwing an egg at a rock,” she said. “But I could not bury this case. I wanted to be a source of hope for others who have suffered as I did.”
The Long Road to Justice
Choi first sought a retrial in 2020, arguing that prosecutors had coerced her confession decades earlier. Lower courts dismissed her bid, but the Supreme Court eventually sent the case back, citing enough grounds to re-examine the evidence. This year, prosecutors themselves conceded that her actions were a lawful defense, offering an unusual apology in court and addressing her not as “the defendant” but as “Ms. Choi.”
The court also reviewed the man’s injuries, which prosecutors had once described as permanently disabling. Records showed he enlisted in the army soon after, served in Vietnam, and regained normal speech within a year.
“This was never a crime,” said attorney Kim Su-jeong, who led her retrial defense. “It was a misjudgment fueled by prejudice.”
Choi Mal-ja, 78, said, ‘People told me it was like throwing an egg at a rock, but I couldn’t let this case be buried.’ She spoke of her lifelong struggle to clear her name through the retrial. (Yonhap)
A Larger Meaning
Legal scholars say the ruling could resonate far beyond Choi’s personal vindication. By acknowledging that a woman’s credible testimony and desperate resistance could justify retrial, it sets a precedent for others seeking to overturn wrongful convictions.
For advocates, it is also a symbolic correction of history: a recognition that, for decades, the justice system failed to see an act of survival for what it was.
Choi, now 78, stood outside the courthouse surrounded by activists holding placards that read “Choi Mal-ja made it.” After 61 years, her name, once tied to a conviction, is now linked to a victory.
Lina Jang (linajang@koreabizwire.com)
