South Korean Court Overturns 60-Year Conviction of Assault Victim

A South Korean court has overturned the 60-year conviction of Choi Mal-ja, an elderly woman who was imprisoned as a teenager after an incident in which she bit the tongue of her alleged sexual assailant. This significant ruling marks the conclusion of a long journey for justice that has garnered nationwide support for women’s rights. The Busan District Court granted Choi an acquittal on March 15, 2024, recognizing her actions as self-defense.

Choi, now 79 years old, had claimed she was sexually assaulted at the age of 18 in 1964 by a man who approached her for directions in the coastal city of Busan. During the confrontation, she bit off a portion of the man’s tongue, which led him to sue her for grievous bodily harm. In response, Choi filed a counter-suit accusing him of attempted rape, trespassing, and intimidation. The societal context of South Korea in the 1960s, a period marked by a patriarchal culture, significantly impacted the legal proceedings.

At her original trial, Choi received a sentence of ten months in prison and two years of probation, while her assailant received only six months for trespassing and threatening. The attempted rape charges against him were dropped. The disparity in their sentences highlighted the prevailing attitudes toward women and sexual violence at the time, where domestic violence was widely unrecognized.

Over the years, Choi’s resolve to overturn her conviction grew, especially as the global #MeToo movement emerged, shining a light on women’s rights and sexual violence issues. She began her fight for justice in 2020, which ultimately led to the Supreme Court ordering a retrial.

During the retrial, the Busan District Court ruled that the prosecution failed to provide sufficient evidence that the alleged assailant suffered permanent disability as a result of the injury. Medical records indicated he had undergone surgery for his tongue but was able to serve in the military without any lasting speech impairment. The court concluded that Choi’s actions were a legitimate response to an unlawful assault.

The ruling was met with celebration among Choi’s supporters, who gathered outside the court. Videos shared by JTBC showed the crowd expressing their joy, holding signs, and presenting bouquets to Choi. “People warned me, saying it would be like hitting an egg against a rock, but I couldn’t just let this case be buried,” Choi stated, reflecting on her perseverance.

Choi’s case also highlights the systemic issues women faced during her original trial. She reported being handcuffed and subjected to a virginity test, the results of which were made public. Furthermore, during the proceedings, prosecutors and judges allegedly asked her if she would consider marrying her assailant to resolve the situation, a suggestion that reflects the deeply rooted biases against victims of sexual violence.

Wang Mi-yang, president of the Korea Women Lawyers Association, commented on the prevailing societal attitudes at the time of Choi’s original conviction, stating that the ruling was indicative of “social prejudice and distorted views on victims of sexual violence.” The shift in public opinion regarding sexual violence began to take hold in the 1990s and was catalyzed by movements advocating for the rights of “comfort women,” a term used for victims of sexual slavery enforced by the Japanese military during World War II.

The global #MeToo movement gained traction in South Korea in 2018, prompting a reevaluation of how sexual violence is treated legally and socially. Choi’s quest for justice was fueled by these changing societal attitudes, leading her to conclude in a letter to the Supreme Court that “the country must compensate for my human rights.”

Choi Mal-ja’s acquittal serves as a significant milestone in the ongoing struggle for women’s rights in South Korea and underscores the importance of acknowledging and addressing historical injustices faced by women. As she moves forward, her legal team plans to file a damages lawsuit against the South Korean government, seeking accountability for the injustices she endured.