Apology Issued as South Korean Woman's Conviction for Self-Defense Faces Reevaluation

Choi Mal-ja, convicted over 60 years ago for defending herself, has gained renewed attention as South Korean prosecutors apologize and seek to overturn her conviction during a retrial inspired by the #MeToo movement.

In a significant turn of events, prosecutors in South Korea have formally apologized to Choi Mal-ja, a woman who has spent more than six decades fighting against a conviction stemming from her act of self-defense during a sexually violent attack in 1964. At the age of 18, Choi was attacked by a man who attempted to rape her in Gimhae, and in a desperate bid to escape, she bit off a portion of her assailant’s tongue. Despite this act being a self-defense maneuver, she was convicted and sentenced to 10 months in prison, which was suspended for two years, while her attacker received a lighter sentence for trespassing and intimidation.

Choi, now 78, has tirelessly campaigned for the reversal of her conviction and received support from advocacy groups largely fueled by the #MeToo movement in South Korea. During her retrial in Busan, prosecutors not only expressed regret for the distress caused by her conviction but also requested the court to annul her guilty verdict. “For 61 years, the state made me live as a criminal,” Choi declared outside the courtroom, wishing for a future devoid of sexual violence for coming generations.

Following the retrial's commencement, Busan's Chief Prosecutor, Jeong Myeong-won, said, "We sincerely apologise" for the "indescribable pain and agony" inflicted upon Choi, a victim who should have been protected. The anticipation of the court’s final ruling, scheduled for September 10, has sparked optimism among legal observers that her conviction will finally be overturned.

Choi's ordeal began when she was attacked by a 21-year-old man who pinned her down and forced his tongue into her mouth. She managed to escape by biting his tongue, yet the legal system criminalized her actions at the time, subsequently labeling her self-defense as excessive. Her case has become emblematic of failures within the judiciary to recognize self-defense rights in sexual violence cases.

Inspiration from the #MeToo movement revitalized her push for justice, leading her to file a petition for retrial in 2020, which was initially denied. However, in a landmark ruling three years later, the Supreme Court allowed her case to proceed, culminating in recent public support and protests aimed at advocating her cause. After the hearing on Wednesday, Choi celebrated her progress, declaring, “We won!” while linking her fight to broader issues of justice in South Korea. "I still can't believe it," she remarked, encapsulating the long journey towards acknowledgment and justice that she has endured.