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Summary:
- Choi Mal-ja, now 78, was convicted in 1965 for grievous bodily harm after biting off part of her attacker’s tongue in an alleged rape attempt.
- The South Korean Supreme Court has granted a retrial, potentially setting new legal precedent for women’s right to self-defense.
- Experts believe the case could reshape outdated views of sexual violence and victimhood in South Korea’s legal system.
- A successful retrial could trigger broader changes in legal protections for sexual assault victims and redefine societal norms.
News in Detail:
In a historic development, the South Korean Supreme Court has ruled in favor of granting a retrial to Choi Mal-ja, a woman who was sentenced nearly 60 years ago for defending herself during an alleged attempted rape. Now 78, Choi’s decades-long struggle for justice has reignited national debate on women’s rights, legal reform, and the legacy of patriarchal norms in one of Asia’s most advanced economies.
Choi was 18 years old in 1964 when she was allegedly attacked by a man asking for directions in the city of Gimhae. According to her testimony, he tackled her to the ground and attempted to force himself on her. In a desperate act of defense, she bit off 1.5 centimeters of his tongue, which allowed her to escape. Rather than being treated as a victim, Choi was arrested, tried, and convicted of grievous bodily harm, while the attempted rape charge against her assailant was dropped.
The man later stormed into her home with friends, threatening her family, but the legal system failed to recognize her claims. In 1965, Choi was sentenced to 10 months in prison and two years’ probation—more severe than the sentence received by her attacker.
Legal experts and activists now see Choi’s case as a test for South Korea’s justice system. “This is not just about a retrial,” said Kim Su-jeong of Korea Women’s Hot-Line. “It’s about correcting an institutional failure that denied generations of women the right to defend themselves.”
South Korea, while economically advanced, has a long history of patriarchal cultural norms. In the 1960s, domestic violence was so normalized that there wasn’t even a term for it in the Korean language. Feminist movements didn’t gain traction until the 1980s, and the #MeToo wave only took firm hold in 2018. Choi’s case spans these generations of change, standing as both a symbol of past injustice and a potential catalyst for future progress.
The Supreme Court’s decision acknowledged the consistency and credibility of Choi’s claims, noting a lack of contradicting evidence. It also criticized the original investigation’s mishandling, including reports that Choi was handcuffed and forced to undergo a virginity test—results of which were publicly disclosed.
The case is now returning to the Busan District Court, where a retrial will reevaluate the evidence under modern standards. Legal professionals believe a ruling in her favor could broaden the definition of justified self-defense, particularly in cases of sexual violence.
“This could influence how judges interpret victims’ actions when resisting sexual assault,” said Wang Mi-yang, president of the Korea Women Lawyers Association. “It will help dismantle the outdated victim-blaming mentality.”
Choi, who participated in a month-long protest and inspired over 15,000 people to sign a petition supporting her case, expressed hope for future generations. “My youth was ruined by injustice,” she wrote to the court. “But if this retrial changes the law, it might protect others from what I suffered.”
As South Korea continues to evolve socially and economically, Choi Mal-ja’s case may become a defining moment—not just for her legacy, but for the nation’s legal future.
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