A South Korean court has overturned the 1965 conviction of Choi Mal-ja, a woman who was found guilty six decades ago of causing grievous bodily harm after biting off part of a man’s tongue during an alleged sexual assault. The Busan District Court ruled on Wednesday that Choi’s actions constituted justifiable self-defence under South Korean law.
The incident occurred in 1964 when Choi, then 19, was attacked by a 21-year-old man in the southern town of Gimhae. According to court records, the man pinned her to the ground and repeatedly forced his tongue into her mouth, at one point obstructing her breathing by blocking her nose. In an attempt to escape, Choi bit off 1.5 centimetres of his tongue.
Despite the circumstances, Choi was convicted in 1965 and handed a 10-month prison sentence, suspended for two years. The aggressor received a six-month suspended sentence for trespassing and intimidation, but was not charged with attempted rape. The original court had ruled that Choi’s response exceeded the bounds of legally permissible self-defence.
The recent ruling, however, recognised her actions as an effort to protect her bodily integrity and sexual autonomy. “Her actions are deemed an attempt to escape an unjust infringement,” the court stated.
Choi, now 79, smiled as she was greeted with flowers by supporters outside the courtroom. Women’s rights activists celebrated the decision, holding placards that read: “Choi Mal-ja did it!”
Speaking at a press conference following the ruling, Choi said: “Sixty-one years ago, in a situation where I could understand nothing, the victim became the perpetrator and my fate was sealed as a criminal. For the victims who shared the same fate as mine, I wanted to be a source of hope for them.”
Choi’s pursuit of justice was reignited by the #MeToo movement, which gained momentum in South Korea in 2017. The movement has since led to significant legal reforms, including improved access to abortion and harsher penalties for digital sex crimes.
Choi filed for a retrial in 2020, though initial petitions were rejected by lower courts. In 2024, the Supreme Court ordered a retrial. At the first hearing, prosecutors issued a formal apology and requested the conviction be overturned.
Her legal team has announced plans to seek compensation from the state for the damages she endured over the past six decades.
