South Korean Prosecutors Apologize to 78-Year-Old Woman Convicted of Self-Defense in Landmark Retrial

Busan, South Korea — After decades of fighting for justice, Choi Mal-ja has garnered a considerable victory as prosecutors have officially expressed remorse for her past conviction related to an attempted rape case from 1964. At the age of 18, Choi was sentenced to ten months in prison—suspended for two years—for biting off part of her assailant’s tongue during the violent encounter. Almost 60 years later, this acknowledgment marks a transformative moment in her long battle for recognition and restitution.

Choi, now 78, has become a prominent figure in advocating for victims of sexual violence in South Korea, inspired by the nation’s burgeoning #MeToo movement. During a retrial that commenced in Busan, Choi stood resolutely before the court, highlighting the societal neglect that led to her undeserved punishment. “For over six decades, the state has forced me to live as a criminal,” she said in a poignant statement to reporters. Her hope is that future generations will enjoy a society devoid of the fear of sexual violence.

Chief Prosecutor Jeong Myeong-won publicly apologized during the proceedings, acknowledging the profound injustice inflicted upon Choi. “We have caused Choi Mal-ja, a victim of a sex crime who should have been protected, indescribable pain and agony,” he stated. The court is expected to issue a ruling on her case on September 10, with many legal experts anticipating that her conviction will be overturned.

In 1964, Choi was attacked by a 21-year-old man who forcibly assaulted her in Gimhae, a city in southern Korea. As he attempted to rape her, Choi managed to bite off a piece of his tongue, demonstrating her instinctual will to survive. Remarkably, her assailant received a six-month prison sentence for trespassing and intimidation, while Choi was penalized more harshly for what was deemed excessive self-defense.

Choi’s experience, once labeled a stark example of the judicial system’s failure in recognizing self-defense in cases of sexual violence, has since shaped discussions in South Korea about legal reforms. Activists have rallied around her cause, emphasizing the importance of proper legal recognition for victims who defend themselves against assault.

With newfound momentum from the #MeToo movement, Choi took action to seek a retrial. After filing her petition in 2020—a full 56 years post-incident—initial attempts were blocked by lower courts. However, in 2023, the Supreme Court allowed her retrial, marking a turning point in her relentless pursuit for justice. In recent months, Choi and her supporters have participated in protests, demanding acknowledgment of the state’s historical failures in cases like hers.

“I still can’t quite grasp what has happened,” Choi remarked following the recent court proceedings. “But if the prosecution is now admitting its mistakes, it shows that justice can prevail in our country.” As she emerged from the courtroom, raised fists signaled both victory and hope, prompting jubilant reactions from supporters who embraced her tenacity in the face of adversity.

Choi Mal-ja’s resilience is now seen as a beacon for many in South Korea still grappling with issues of sexual violence and accountability. Her journey serves as a reminder of the importance of legal recognition for victims, and the changes that can arise when society confronts its past mistakes.