South Korea Apologizes to Victim of Historical Sexual Violence Case

After decades of fighting for justice, 78-year-old Choi Mal-ja received an apology from South Korean prosecutors, highlighting the need for reform in the recognition of self-defense in cases of sexual violence.

In a landmark turn of events, prosecutors in South Korea have issued a formal apology to Choi Mal-ja, a woman convicted for biting her attacker’s tongue during a sexual assault over 60 years ago. Choi, now 78 years old, was sentenced to 10 months in prison—suspended for two years—for her actions in 1964 when she was just 18 and attacked by a man who attempted to rape her in the city of Gimhae.

Choi, inspired by the #MeToo movement, has been campaigning for the past several years to have her conviction overturned. Her retrial commenced in Busan, where prosecutors acknowledged the egregious error of prosecuting a victim of sexual violence. “We sincerely apologize,” said Busan’s Chief Prosecutor Jeong Myeong-won, expressing regret for the distress caused to Choi Mal-ja and advocating for the court to erase her guilty verdict.

"After 61 years, the state made me live as a criminal," Choi shared just before her hearing, expressing hope for future generations to experience a life free from violence. Having spent decades fighting against the stigma attached to her case, she celebrated with supporters outside the courtroom, proclaiming, “We won!” as they embraced in a moment of solidarity.

Choi's original attack in 1964 saw her assailant, a 21-year-old man, attempting to force his tongue into her mouth, resulting in her defensive bite that removed 1.5 centimeters of the aggressor's tongue. While he was given a mere six-month sentence for trespassing and intimidation, Choi faced harsher consequences for defending herself, as the court declared her reaction went beyond the "reasonable bounds" of self-defense.

Her case has become a significant reference point in South Korean legal texts, illustrating the systemic failures concerning victim protection and self-defense justifications in sexual violence cases. After calling on advocacy organizations for support and filing a petition for a retrial in 2020, her determination resulted in the Supreme Court’s decision to allow her case to be revisited in recent months.

"I still cannot believe it,” Choi remarked following her hearing, highlighting the significance of the prosecution's acknowledgment of their long-standing error. “But if the prosecution is admitting its mistake even now, then I believe justice is alive in this country.” The final decision regarding her conviction is anticipated on September 10, with widespread expectations of a just outcome.