Self-defense of a sexual assault victim recognized after 61 years

The prosecution has requested an acquittal in the retrial of the case of Ms. Choi Mal-ja, who was convicted for biting off the tongue of her attacker over 60 years ago.

On the first trial date of the retrial held on the 23rd at the Busan District Court Criminal Division 5 (Chief Judge Kim Hyun-soon), the prosecution requested a not guilty verdict for Ms. Choi.

Ms. Choi, who had missed the previous two preparatory hearings, attended the court in person on this day. After reviewing the evidence, the prosecution omitted the defendant's examination and immediately expressed their opinion.

The prosecution clearly stated, "We have concluded that the actions of the sexual violence victim in this case are justified and do not constitute a violation of the law."

Importance of protecting sexual violence victims

The prosecution classified Ms. Choi's actions as "a legitimate act of resistance against the suddenly inflicted sexual violence," deeming it neither excessive nor illegal.

In particular, the prosecution emphasized that their role is "to protect crime victims not only from the crime itself but also from social prejudice and secondary victimization," acknowledging that they had failed to fulfill this role in the past regarding this case.

Furthermore, the prosecution officially apologized, stating, "As a result, we caused unfathomable pain and suffering to Ms. Choi Mal-ja, who should have been protected as a victim of sexual violence." This represents a significant moment indicating a shift in societal awareness and legal judgment regarding sexual violence crimes.

Ms. Choi's attorney emphasized, "This case is not one that became not guilty due to a change in times, but rather a case that could only be not guilty both then and now, which was misjudged due to the errors of the prosecution and the court."

The attorney reiterated the claim for recognition of self-defense, stating, "It is time for the court to respond."

In her final statement, Ms. Choi implored, "The state can never bear the responsibility for that devil-like incident in 1964, which transcends life and death," and requested, "Please do not forget and remember the feelings of the victim's family who are tormented by blood."

She further urged, "After living as a sinner for 61 years, if there is hope and a dream, please create laws in the Republic of Korea so that future generations can live with their rights and in a world without sexual violence."

61 years ago, at the age of 19, Ms. Choi was sentenced to 10 months in prison with a 2-year probation for biting off about 1.5 cm of the tongue of a man attempting to rape her.

This case has been treated as a representative example in criminal law textbooks where self-defense was not recognized, and it was also introduced in the 1995 publication 'Court History' by the Court Administration Office as the "forced kiss tongue-cutting incident."

Image source: Ms. Choi Mal-ja (78), who was convicted of injuring the tongue of the man trying to sexually assault her 61 years ago, is seen leaving the courthouse after the first trial of the retrial held at the Busan District Court in Yeonje-gu, Busan, while answering questions from reporters on the 23rd / News1, News1.