A South Korean woman, Choi Mal-ja, has been acquitted following a retrial that revisited her conviction for biting off a man’s tongue during an alleged sexual assault. At the age of 18, Choi was sentenced to 10 months in prison for grievous bodily harm after the incident, while her assailant received a lighter sentence of six months.
Choi’s case has gained significant attention, especially after a retrial commenced in July in Busan. During the initial hearing, prosecutors apologized and requested that the court overturn her conviction. Choi, now 79, mentioned the impact of the case on her life, stating it transformed her from a victim to an accused individual and expressed her desire to advocate for other victims in similar situations.
The case exemplifies legal challenges surrounding the recognition of self-defense in incidents of sexual violence. Court records indicate that Choi’s attacker had pinned her down, and she managed to escape by biting off part of his tongue. Despite this, he subsequently sought compensation for his injury and invaded Choi’s home with a knife on one occasion. He received a suspended six-month sentence for trespassing and intimidation but was never charged with attempted rape, while Choi faced a harsher sentence for her actions.
Following inspiration from the #MeToo movement, Choi spent two years gathering evidence to file a petition for a retrial. Although earlier petitions were rejected, the Supreme Court eventually approved her request in December 2024.
Choi intends to pursue a civil lawsuit against the state for compensation. Advocacy groups, such as the Korea Women’s Hotline, suggest the verdict has the potential to impact future cases of sexual violence by reinforcing the legitimacy of women’s defensive actions. The proceedings have also brought attention to the societal perceptions and biases in judicial rulings related to such incidents. Notably, there have been at least two other instances in South Korea where women successfully argued self-defense after similar actions against their assailants.
Source: https://www.bbc.com/news/articles/ckgezkrdjeko?at_medium=RSS&at_campaign=rss