Woman seeks justice decades after self-defense conviction

Prosecutors asked for a not-guilty verdict on Tuesday in the retrial of Choi Mal-ja, 79, who was convicted 61 years ago for biting off the tongue of a man who tried to sexually assault her.

The Busan District Court Criminal Division 5 held the first and final hearings in Choi’s retrial on July 23. Prosecutors argued that her actions were justified self-defense against sudden sexual assault and were neither excessive nor unlawful. They urged the court to acquit her, saying, “This was a rightful act of defense, and the defendant should be found not guilty.” Prosecutors also apologized to Choi for the “immeasurable pain and suffering” she endured as a sexual violence victim.

“This case, where victim and offender were wrongly reversed by the judiciary, is finally being corrected, albeit late," Choi’s legal team said. "Now it is time for the court to respond following the prosecution’s call.”

Wearing a white top, Choi quietly sat in the defendant’s seat and read from a handwritten statement when asked for a final remark. “The nightmare from that day in 1964 remains vivid. The state labeled me a criminal, forcing me to endure 61 years of suffering," she said. "I hope laws will be enacted so future generations can live free of sexual violence.” The verdict is scheduled for 2 p.m. on September 10.

After leaving the courtroom, Choi smiled brightly and declared, “I won.” “Thanks to the support of civic groups, lawyers, and the public who protected me until the end, I have come this far,” she said. On the prosecution’s apology and request for acquittal, she said, “Hearing their admission of wrongdoing and apology makes me believe justice still exists in South Korea.” She also thanked supporters by forming a heart shape with her hands above her head.

Choi was arrested and charged in 1964 at age 18 for biting and cutting 1.5 centimeters of the tongue of a man who attempted to sexually assault her. The court sentenced her to 10 months in prison with a two-year probation. Her claim of self-defense was rejected at the time. In May 2020, 56 years later, Choi filed for a retrial. Lower courts dismissed her request, citing a lack of evidence that prosecutors had illegally detained her or forced a confession during the original investigation. After more than three years of review, the Supreme Court ruled there was sufficient reason to support Choi’s claims and remanded the case. In February, the Busan High Court accepted her appeal against the dismissal of her retrial for aggravated injury.


부산=김화영기자 run@donga.com