A South Korean court has recently revived a decades-old case, sparked by the momentum of the #MeToo movement, as a woman seeks to overturn her conviction for self-defense against sexual violence from 61 years prior.
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Choi Mal-ja, just 19 at the time, experienced a traumatic incident in 1964 when she was attacked by a 21-year-old man in the southern city of Gimhae. Court documents reveal that he forcibly pinned her down and attempted to assault her. In an act of self-defense, Choi managed to escape by biting off approximately 1.5 centimeters of his tongue.
This case remains one of South Korea’s most controversial rulings concerning sexual violence; the aggressor received a mere six-month prison sentence, suspended for two years, strictly for trespassing and intimidation—yet not for attempted rape. The court concluded that Choi’s actions had “exceeded the reasonable bounds of legally permissible self-defense.”
Fast-forward to the present, and Choi’s case found new life due to the global #MeToo movement, which gained significant traction in 2017 and encouraged her quest for justice. In South Korea, widespread protests advocating for women’s rights have achieved notable victories, including expanded access to abortion and stricter penalties for crimes involving hidden cameras.
Choi filed for a retrial in 2020, but her initial pleas were denied by lower courts. After years of persistent advocacy and a subsequent appeal, the nation’s highest court has finally mandated a retrial, scheduled for 2024. “For 61 years, the state made me live as a criminal,” Choi shared with reporters outside the Busan District Court prior to her retrial hearing. She expressed hope for future generations, wishing for a world free from sexual violence where their human rights can flourish and they can lead fulfilling lives.
Choi Sun-hye, the executive director of the Korea Women’s Hotline counseling center, which has been an ally in Choi Mal-ja’s fight for justice, emphasized that her decision to appeal is not solely for herself but also intended to “become a source of strength for other victims of sexual violence and correct past wrongs.”
During the retrial proceedings, the prosecution requested that the court absolve Choi of her previous conviction, as stated by the Busan District Court. A verdict is anticipated in September of this year.
Edited By Ali Musa
Axadle Times International – Monitoring.
