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A court in South Korea has acquitted a woman convicted six decades ago for biting off part of a man’s tongue during an alleged sexual assault, after she challenged the ruling, inspired by the country’s #MeToo movement.
Choi Mal-ja was 19 in 1964 when she was attacked by a 21-year-old man in the southern town of Gimhae. He pinned her to the ground and repeatedly forced his tongue into her mouth, at one point blocking her nose to stop her from breathing, according to court records.
Choi managed to break free by biting off 1.5cm of his tongue.
In one of South Korea’s most contentious rulings on sexual violence, the aggressor received only six months in prison, suspended for two years, for trespassing and intimidation – but not attempted rape.
Choi, now 79, was convicted of causing grievous bodily harm and handed a 10-month prison sentence, suspended for two years. That decision was overturned on Wednesday by the Busan district court which ruled her actions constituted “justifiable self-defence” under South Korean law.
Choi’s actions at the time are now “deemed an attempt to escape an unjust infringement on her bodily integrity and sexual self-determination”, the court said in a statement.
The ruling overturns Choi’s 1965 conviction, when the court found her actions had “exceeded the reasonable bounds of legally permissible self-defence”.
Choi smiled as supporters handed her bouquets of flowers after the ruling. Women’s rights activists and supporters celebrated, waving a placard that read: “Choi Mal-ja did it!”
In a press conference after 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 appeal gained momentum after the #MeToo movement that took off in 2017 inspired her to seek justice. In South Korea, women’s rights protests have led to victories on issues ranging from abortion access to tougher penalties for spycam crimes.
Choi filed for a retrial in 2020, but lower courts initially rejected her petition.
After years of campaigning and an appeal, South Korea’s highest court finally ordered a retrial in 2024. At its first hearing, prosecutors apologised to Choi and asked the court to overturn her conviction.
Her lawyers said they plan to seek compensation from the state for the damages she suffered from her conviction six decades ago.
