Korean Woman Who Was Sentenced To Jail For Defending Herself From Her Rapist Finally Gets An Apology From Prosecutors

In a rare turn of events, South Korean prosecutions have issued an apology to a woman for convicting her after she defended herself from a violent sexual assault.

Choi Mal Ja, the victim, was only 18 when she was attacked by a man in the Southern town of Gimhae in 1964. As per court records, he had pinned her to the ground and forced his tongue into her mouth. Choi managed to free herself by biting off around half an inch of his tongue.

Despite the clear indication of sexual violence, the aggressor, a 21-year-old man, received only six months in prison, suspended for two years. He was charged with trespassing and intimidation, but not with attempted rape.

However, Choi was sentenced to 10 months in prison, suspended for two years, for causing grievous bodily harm. At that time, the court ruled that her action had “exceeded the reasonable bounds of legally permissible self-defence.”

It wasn’t until the #MeToo movement gained momentum in South Korea that Choi found the courage to speak up for herself and started campaigning to get her conviction overturned. She filed for retrial of her case in 2020, but had her petition initially rejected by the lower courts. After campaigning and appealing relentlessly, the apex court finally ordered a retrial in 2024.

The retrial for Choi’s case started on Wednesday, July 22, KST. The prosecutors finally issued an apology for convicting her and urged to court to quash her guilty verdict. Busan’s Chief Prosecutor, Jeong Myeong Won, acknowledged the prosecution’s mistake, saying, “We have caused Choi Mal Ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony.”

While talking to the media outside of the court ahead of the retrial, she recalled her painful past, stating, “For 61 years, the state made me live as a criminal.” She also expressed her hope that the younger generation could “live in a world free from sexual violence where they can enjoy human rights.”

A final ruling for this case is scheduled for September 10, KST, and legal observers are expecting the court to finally overturn Choi’s conviction.