How Did a Woman Who Bit Off Her Attacker's Tongue Get Acquitted After 61 Years?

This article discusses the recent acquittal of Choi Mal-ja, a South Korean woman whose decades-old conviction for grievous bodily harm was overturned following a retrial. Choi's case has become a symbol of the struggle against gender bias in the justice system, highlighting the complexities surrounding self-defence in cases of sexual violence.

Last updated: 04 October 2023 (BST)

Key Takeaways

• Choi Mal-ja was wrongly convicted of grievous bodily harm for defending herself against an alleged sexual attacker.
• Her retrial resulted in an acquittal, marking a significant shift in the legal treatment of self-defence cases, especially involving women.
• The case highlights ongoing issues of gender bias within the South Korean legal system.
• Choi plans to file a civil lawsuit against the state for compensation following her acquittal.
• The verdict is expected to influence future cases of self-defence in sexual violence incidents.

The Background of Choi Mal-ja's Case

In 1959, Choi Mal-ja was just 18 years old when she found herself embroiled in a traumatic incident that would alter her life forever. Choi was attacked by a 21-year-old man in Gimhae, who pinned her down, initiating a frightening confrontation. In a desperate act of self-defence, Choi bit off a portion of her assailant's tongue, which led to severe legal repercussions for her rather than for him.

Upon her conviction, she was sentenced to ten months in jail, while her attacker received a significantly lighter six-month sentence for trespassing and intimidation. This disparity highlighted a troubling aspect of the South Korean legal system, where victims can be punished more harshly than their aggressors. Choi's experience of being transformed from a victim to an accused has resonated with many women, making her case a focal point in discussions about gender bias and justice.

Legal Journey and Advocacy

The road to justice for Choi was far from straightforward. After enduring years of being labelled a criminal for her actions of self-defence, she took inspiration from the global #MeToo movement. This movement sparked a renewed focus on sexual violence and the need for systemic change, particularly in the context of women's rights in South Korea.

In 2018, Choi began her quest to clear her name by collaborating with various advocacy groups. Over two years, she gathered evidence to support her claims of self-defence and filed a petition for a retrial. However, the initial responses from lower courts were disheartening, as her pleas were dismissed due to a lack of evidence. Despite these setbacks, Choi remained resolute, stating that she wanted to ensure no other victim of sexual violence would undergo a similar ordeal.

The Retrial and Acquittal

After years of persistent effort, Choi's case was reopened in December 2024, culminating in a retrial that began in July 2023 in Busan. This retrial was marked by a significant shift in the prosecutorial stance; prosecutors not only apologised to Choi but also requested that her conviction be quashed. This unusual development underscored a growing recognition of the flaws in the initial legal proceedings and the broader implications of gender bias in such cases.

On the day of her acquittal, Choi and her supporters celebrated outside the courthouse, holding placards proclaiming her victory. Choi's lawyer, Kim Soo-jung, emphasised the importance of this ruling, labelling the previous conviction a "misjudgement due to gender bias and societal perceptions." The acquittal does not merely restore Choi's reputation; it also signals a potential shift in how the courts may handle cases involving self-defence against sexual violence.

The Implications of Choi Mal-ja's Acquittal

Choi Mal-ja's case has broader implications for women in South Korea and beyond. With her acquittal, there is hope that the legal system will begin to acknowledge the legitimacy of defensive actions taken by women facing sexual violence. Advocacy groups, such as the Korea Women's Hotline, believe that this verdict could lead to a significant change in how similar cases are treated in the future.

Song Ran-hee, the leader of the Korea Women's Hotline, expressed optimism that the ruling will encourage women to speak out and assert their rights. She stated, "Going forward, women's defensive acts will be understood as legitimate. I expect this will mean fewer women will face unjust suffering." This sentiment encapsulates the potential for Choi's case to inspire others who may feel powerless in the face of violence and injustice.

Historical Context and Comparisons

Choi's case is not an isolated incident. There have been other instances in South Korea where women have defended themselves against sexual assailants by inflicting harm. Notably, in 1988 and 2020, women in similar situations bit off the tongues of their attackers. In both cases, the courts recognised their actions as legitimate self-defence, contrasting sharply with Choi's original conviction.

The contrasting outcomes of these cases highlight the evolving nature of legal interpretations surrounding self-defence and the societal attitudes towards women's rights. As public awareness grows, there is an increasing demand for the legal system to adapt and reflect contemporary understandings of consent and self-defence.

Choi Mal-ja's Future and Advocacy Efforts

In addition to her acquittal, Choi Mal-ja has announced plans to pursue a civil lawsuit against the state, seeking compensation for the years of hardship she endured due to her wrongful conviction. This step underscores her commitment not only to her own justice but also to advocating for systemic change that will benefit other victims of sexual violence.

Choi's relentless pursuit of justice serves as a powerful reminder of the importance of standing up against injustice, especially in a society where women's voices have historically been marginalised. By sharing her story, she hopes to inspire others to fight for their rights and challenge the status quo.

Conclusion

Choi Mal-ja's acquittal is a landmark moment in the ongoing struggle for justice and recognition of women's rights in South Korea. Her case illustrates the complexities involved in cases of self-defence against sexual violence and highlights the necessity for a legal system that truly protects victims rather than punishes them. As society continues to grapple with these issues, Choi's journey may pave the way for a more equitable and just future.

What does Choi Mal-ja's case say about the future of women's rights and self-defence in South Korea? This question lingers as we consider the potential for change in the legal landscape. #JusticeForVictims #ChoiMalJa #WomensRights

FAQs

What happened to Choi Mal-ja in her original case?

Choi Mal-ja was convicted of grievous bodily harm after biting off a portion of her attacker’s tongue while defending herself during a sexual assault. She received a ten-month prison sentence, while her attacker received a lighter sentence.

Why was Choi Mal-ja's conviction overturned?

Her conviction was overturned after a retrial that acknowledged the flaws in the original case, including gender bias and a failure to recognise self-defence in situations of sexual violence.

What impact could Choi's acquittal have on future cases?

Choi’s acquittal may encourage courts to recognise women’s defensive actions as legitimate, potentially leading to fairer treatment of victims in sexual violence cases in the future.

How has Choi Mal-ja's case influenced public perception of sexual violence in South Korea?

Her case has highlighted the need for reform in how the legal system handles sexual violence and self-defence, contributing to a growing public discourse around women's rights and justice.

What are the next steps for Choi Mal-ja following her acquittal?

Choi plans to file a civil lawsuit against the state for compensation related to her wrongful conviction and the suffering she endured throughout the legal process.