Woman vindicated 61 years later for resisting rapist

Choi Mal-ja gives a thumbs-up after being acquitted as she leaves the Busan District Court, Wednesday. Newsis

More than six decades after her conviction for defending herself against an attempted rapist, Choi Mal-ja has been acquitted in a landmark ruling that underscores a growing recognition in Korea of victims’ rights and the legitimacy of self-defense in cases of sexual violence.

The Busan District Court on Wednesday ruled that Choi, who bit off part of her attacker’s tongue during a 1964 sexual assault attempt, acted in legitimate self-defense, closing a case that has resonated for decades as a symbol of women’s struggle for justice here.

“She claimed self-defense regarding the act of biting the man’s tongue, and according to the records of this case, her actions are recognized as self-defense, so the charge of injury in this case is not sustained,” Judge Kim Hyun-soon said. “Thus, the defendant is not guilty.”

Upon hearing the retrial ruling from the court, Choi, now 78, and women’s rights advocates burst into cheers and celebration.

Outside the court, Choi received flowers from supporters and smiled. In a trembling voice, she declared, “Choi Mal-ja is not guilty.” In response, her supporters chanted back: “Choi Mal-ja did it.”

"The glory of today was possible thanks to the strength and efforts of family, acquaintances, women’s organizations, lawyers and all of you," Choi said during a press conference held at the Busan Bar Association's office. "People around me warned that it would be like smashing an egg against a rock, but I couldn’t just let this incident be buried ... For victims who share similar experiences as me, I had no choice but to step forward, and I wanted to become their hope."

Choi Mal-ja speaks during a press conference at the Busan Bar Association's office in Busan, Wednesday. Yonhap

Her ordeal began on May 6, 1964.

Choi, just 18 at the time, was attacked by a 21-year-old man in Gimhae, South Gyeongsang Province, who attempted to sexually assault her. He pinned her down and forced his tongue into her mouth. In a desperate bid to escape, she bit off 1.5 centimeters of his tongue and fled.

Yet during the investigation conducted later, she found herself treated not as a survivor, but as a criminal suspect.

The police initially deemed her argument of self-defense reasonable. But later, prosecutors dropped the attempted rape charge against her assailant and accused her of grievous bodily harm. In the months that followed, she went through illegal detention, pressure to confess and humiliation. Eventually, Choi was sentenced to a 10-month prison term, suspended for two years.

Meanwhile, the attacker was given a much lighter sentence for trespassing and intimidation ― a six-month prison term suspended for two years. He was never charged for attempted rape.

Over the next 61 years, she lived with the stigma of a criminal record ― under the shadow of an unresolved trauma that never left her.

Her quest for justice was reignited by the global #MeToo movement. With the support of women’s organizations, she filed for a retrial in 2020. While lower courts initially rejected it, the Supreme Court ordered a new review in 2023, acknowledging that illegal methods may have been used during the investigation.

Prosecutors publicly apologized during the retrial, admitting systemic failure and recognizing the pain inflicted by the state.

“The role of the prosecution is not only to protect crime victims from the crime itself but also to safeguard them from social prejudice and secondary victimization,” the prosecution said. “In the past, in this case, the prosecution failed to fulfill that duty … We caused Choi, who deserved full protection as a victim of sexual violence, immeasurable pain and suffering. We offer our sincere apology.”